Stewart v Inner West Council [2023] NSWLEC 1240

Land and Environment Court New South Wales

Medium Neutral Citation: Stewart v Inner West Council [2023] NSWLEC 1240 Hearing dates: 03 February 2023 Date of orders: 19 May 2023 Decision date: 19 May 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders that: (1) The appeal is dismissed. (2) All exhibits are returned, except for Exhibits A and 2. Catchwords: TREE PERMIT APPLICATION — review of decision on application to remove trees – whether development consent is required – whether removal of tree is justified - tree in heritage conservation area – contribution to landscape Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.2, 8.7 Inner West Local Environmental Plan 2022 Leichhardt Local Environmental Plan 2013, cll 5.9, 5.10 State Environmental Planning Policy (Biodiversity & Conservation) 2021, ss 2.6, 2.7, 2.10 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, Pt 2, cll 7, 8, 10 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Leichhardt Development Control Plan 2013 Inner West Council Tree Management Development Council Plan Category: Principal judgment Parties: Robert Stewart (First Applicant) Shui Ping Zhou (Second Applicant) Inner West Council (Respondent) Representation: Counsel: R Stewart (Self-represented) (First Applicant) S P Zhou (Self-represented) (Second Applicant) M Pearce (Solicitor) (Respondent)