Sleiman v Strathfield Municipal Council [2020] NSWLEC 1686

Land and Environment Court New South Wales

Medium Neutral Citation: Sleiman v Strathfield Municipal Council [2020] NSWLEC 1686 Hearing dates: 10 September 2020 Date of orders: 30 December 2020 Decision date: 30 December 2020 Jurisdiction: Class 1 Before: Douglas AC Decision: The Court orders that: (1) The appeal is dismissed. Catchwords: Appeal against refusal of permission for tree removal – tree listed as Significant by Council – tree is over mature – is the tree close to death – does the tree pose an unacceptable risk Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 State Environmental Planning Policy (Vegetation in Non-Rural areas) 2017 Strathfield Local Environment Plan 2012 Uniform Civil Procedures Rules 2005 Cases Cited: Sheldon v The Council of the City of Sydney [2020] NSWLEC 1619 Texts Cited: Benson D and Mc Dougall L, Ecology of Sydney Plant Species, (1998) International Society of Arboriculture, Tree Risk Assessment Training Manual, 2013 Land and Environment Court of New South Wales, 'COVID-19 Pandemic Arrangements Policy, (July 2020) Macmillan Dictionary Strathfield Consolidated Development Control Plan 2005 Category: Principal judgment Parties: William Sleiman (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) M Fozzard (Respondent)