Anthony Natoli Enterprises Pty Ltd v Hornsby Shire Council [2021] NSWLEC 1435

Land and Environment Court New South Wales

Medium Neutral Citation: Anthony Natoli Enterprises Pty Ltd v Hornsby Shire Council [2021] NSWLEC 1435 Hearing dates: 20 and 21 April 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Class 3 Before: Douglas AC Decision: The Court orders that: (1) The appeal is dismissed. Catchwords: APPEAL – application to remove vegetation (a Sydney Red Gum) – appeal against refusal of application – whether evidence provided substantiates that the tree presents a genuine risk of damage and/or injury – whether sufficient relevant information has been provided by applicant to support appeal Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.2 Hornsby Local Environmental Plan 2013, cl 1.2 Land and Environment Court Act 1979, s 39 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Pt 1 cl 6, Pt 2 cll 7, 8, Pt 3 cll 9,10,11,12 Uniform Civil Procedure Rules 2005 Texts Cited: Australian Standard AS4970-2009 - Protection of trees on development sites Hornsby Development Control Plan 2013 Jacobs MR, Growth habits of the eucalypts, Forestry and Timber Bureau, Canberra, 1955 Johnson J and Hadlington P, Australian trees: their care and repair, UNSW Press, 1977 Category: Principal judgment Parties: Anthony Natoli Enterprises P/L(Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: A Johnson (Solicitor) (Applicant) A Pickup (Solicitor) (Respondent)