Long v City of Parramatta Council [2021] NSWLEC 1262

Land and Environment Court New South Wales

Medium Neutral Citation: Long v City of Parramatta Council [2021] NSWLEC 1262 Hearing dates: 1 February 2021 Date of orders: 20 May 2021 Decision date: 20 May 2021 Jurisdiction: Class 3 Before: Galwey AC Decision: The Court orders that: (1) The appeal is refused. (2) Tree removal application number TA/243/2020 seeking to remove trees A, B and C (two Brushbox and a Broad-leaved Paperbark) at 83 Evans Road, Dundas Valley is determined by refusal. The application to remove tree D (Italian Cypress) is granted. (3) The exhibits are returned, except for Exhibit A. Catchwords: TREE REMOVAL APPLICATION – Council granted permission to remove one tree and refused removal of three trees – appeal against Council's decision – whether Council considered all relevant matters in making its decision – whether the trees are likely to cause damage or injury – whether the trees pose a real threat – whether fear of an outcome represents the risk of that outcome Legislation Cited: State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, cll 9, 10, 12 Threatened Species Conservation Act 1995 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Oakey v Owners Corporation Strata Plan 22678; Oakey v Owners Corporation Strata Plan 5723 [2009] NSWLEC 1108 Owners of SP 37485 v Owners of SP 4193 [2014] NSWLEC 1185 Sheldon v The Council of the City of Sydney [2020] NSWLEC 1619 Texts Cited: Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Wen Yin Long (Applicant) City of Parramatta Council (Respondent) Representation: W Y Long (Litigant in Person) (Applicant) A Gough (Solicitor) (Respondent)