NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Torrero Holdings Pty Ltd v Inner West Council [2023] NSWLEC 1008 Hearing dates: 22 November 2022 Date of orders: 11 January 2023 Decision date: 11 January 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) the appeal is upheld; (2) the Applicant's application TREE-2022_0050 for the removal of one (1) tree identified as tree T1 at 2 West Street Lewisham is approved, subject to the conditions at Annexure 'A' and the tree location plan at Annexure 'B'; (3) the exhibits are returned, except Exhibits B and 1. Catchwords: TREE PERMIT APPLICATION – application to remove trees – whether removal of trees is justified – consideration of damage to property – consideration of conditions of consent. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Marrickville Local Environmental Plan 2011, cll 1.2, 6.4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 2.6 Cases Cited: Timbs v Shoalhaven City Council [2004] NSWCA 81 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Torrero Holdings Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: P Rigg (Solicitor) (Applicant) S Turner (Solicitor)(Respondent)
Solicitors: Peter R Rigg Solicitors (Applicant) Inner West Council (Respondent) File Number(s): 2022/171452 Publication restriction: Nil
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