Scuccimarra v Canterbury-Bankstown Council [2023] NSWLEC 1025

Land and Environment Court New South Wales

Medium Neutral Citation: Scuccimarra v Canterbury-Bankstown Council [2023] NSWLEC 1025 Hearing dates: 23 August 2022, 24 October 2022 Date of orders: 19 January 2023 Decision date: 19 January 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: In proceedings 2021/353867, the Court orders: (1) The appeal is dismissed. In proceedings 2022/134247, the Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development application DA-203/2022 is determined by granting consent to the application subject to the conditions in Annexure A. (4) All exhibits are retained. Catchwords: DEVELOPMENT APPEAL – tree removal – whether development application for built form required - orders TPO APPEAL – reasons for removal of tree - orders Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979, ss 1.3, 5.9, 8.7, 8.15 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Sch 14 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, cll 1.18, 3B.61 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, cll 9, 12 Trees (Disputes Between Neighbours) Act 2006, s 7 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Segal & Anor v Waverley Council [2005] NSWCA 310 Sheldon v The Council of the City of Sydney [2020] NSWLEC 1619 Texts Cited: Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Frank Scuccimarra (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) M Bonanno (Solicitor)(Respondent)