Sheldon v The Council of the City of Sydney [2020] NSWLEC 1619

Land and Environment Court New South Wales

Medium Neutral Citation: Sheldon v The Council of the City of Sydney [2020] NSWLEC 1619 Hearing dates: 30 July 2020; 21 August 2020 Date of orders: 8 December 2020 Decision date: 08 December 2020 Jurisdiction: Class 1 Before: Galwey AC Decision: The Court orders: (1) The appeal is upheld. (2) Consent is granted to remove the Lilly Pilly at 85 Stewart Street, Paddington, subject to the attached conditions at Annexure A. (3) The exhibits are returned except for A. Catchwords: APPEAL – application to remove vegetation (a Lilly Pilly) – appeal against refusal of application – heritage conservation area – whether the tree has damaged property – whether the tree needs to be removed to remedy or prevent damage – proposed conditions – whether a root barrier is required – replacement planting Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Sydney Local Environmental Plan 2012 Trees (Disputes Between Neighbours) Act 2006 Texts Cited: Australian Standard 2303:2015 'Tree stock for landscape use' City of Sydney Tree Management Policy 2013 The NSW Office of Environment and Heritage: 'Paddington South Heritage Conservation Area' Sydney Development Control Plan 2012 Category: Principal judgment Parties: Anthony Sheldon (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: N Hammond (Applicant) A Simpson (Solicitor) (Respondent)