Adrian and Slawomir Pzekora, Jowita Lukawski face court for tree felling

A Polish man who survived two weeks locked in a classroom after the Chernobyl disaster felled more than 40 protected trees in western Sydney as he thought he could do as he wanted on his own land, a court heard.

An eastern European man who illegally chopped down native trees said coming to Australia had been a “liberation” and he thought he could do as he wanted on his own land, a court heard.

Adrian Przekora had been locked in his classroom for two weeks following the Chernobyl disaster in 1986 and had experienced a strict upbringing, Penrith Court was told.

“I’m not saying it’s a cultural thing, your honour, but he does come from a strict Polish background,” Przekora’s lawyer Rod Storie said in trying to explain what had happened.

“So, coming to Australia was liberation and they were under the impression that they could do what they liked on their land.

Adrian Przekora and his solicitor, Roderick Storie, pictured outside Penrith Local Court on October 5.

“Their real sin, I suppose, is not getting it approved.”

Londonderry resident Adrian Przekora and two relatives, Jowita Lukawski and Slawomir Przekora, chopped the trees down in order to build a shed in which they kept vehicles and antiques.

According to court documents, a council inspection revealed approximately 2,500m2 of vegetation, around 40 to 50 native trees, had been cleared.

This area is mapped as containing Cooks River Castlereagh Ironbark Forest (Eucalyptus fibrosa) which forms part of a declared endangered ecological community.

The trees cleared were more than three metres in height, being mature and healthy and they did not hold any approval to clear, according to court documents.

The 320m2 shed had also been constructed without approval.

Upon further inspection, council found the shed was occupied by people who were seen to be working in it.

As a result the shed was being used for a business purpose that was not related to agricultural production, according to court documents.

The zoning of the Londonderry property prohibits the use of buildings for anything other than “as a farm building ancillary” for the land, the court was told.

The Przekora family was also issued with a notice of a requirement to produce information on August 14, 2020. They were granted numerous extensions but still failed to answer the requirements by November 30, 2020.

The court heard Adrian Przekora had been locked in a classroom for two weeks following the Chernobyl disaster.

Mr Storie said his client and family are eco-friendly people who would not unnecessarily deforest their property and have since offered to plant trees.

“They have sincere contrition and are lovers of nature,” he said. “One of my client’s favourite pastimes is hiking so they’re not the type to remove trees and bring in heavy machinery.

“They are of sensitive, cultured European character and want to do the right thing. They’re a law abiding family.”

Matthew Pearce, representing Penrith Council, accepted the family was of good character but maintained a serious offence was committed.

Adrian Przekora and Roderick Storie pictured outside Penrith Local Court on October 5.

“2,500 sqm of vegetation was removed and council’s case is that those were substantial trees that were removed,” Mr Pearce said.

Magistrate Fiona Toose acknowledged that just Adrian Przekora was before the court with both Jowita Lukawski and Slawomir Przekora absent.

She said the outcome of the case should be a warning to the wider community.

“This case sends a message to the wider community that people can’t go on a frolic of their own and construct buildings without approval, although I understand that there may be difficulty if a person’s first language is not English.

“There is need for general and specific deterrence and the need for a fitting penalty.”

Adrian Pzekora, Jowita Lukawski and Slawomir Przekora were convicted of carrying out a specified development prohibited on land, failure to comply with a requirement request and two counts of carrying out development without consent.

All three were fined $10,000 per offence adding to a total of $40,000 per person.