Thomas v City of Parramatta Council [2024] NSWLEC 1626

Land and Environment Court New South Wales

Medium Neutral Citation: Thomas v City of Parramatta Council [2024] NSWLEC 1626 Hearing dates: Conciliation conference 27 September 2024 Date of orders: 08 October 2024 Decision date: 08 October 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Tree permit application TA/187/2024, for the removal of one (1) Jacaranda mimosfolia at 32 Sirius St, Dundas Valley NSW 2117, legally described as Lot 1482 DP 36702 is determined by way of the grant of the permit, subject to the conditions in Annexure A. Catchwords: TREE PERMIT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt, 2.3, ss 2.10, 2.12 Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Category: Principal judgment Parties: Robyn Thomas (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: R Thomas (Self-represented) (Applicant) C Campbell (Solicitor)(Respondent)

Solicitors: City of Parramatta Council (Respondent) File Number(s): 2024/295945 Publication restriction: Nil

JUDGMENT 1. COMMISSIONER: Section 2.10 of State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP B&C) makes provision for a local council to issue a permit for clearing of vegetation. In the matter before me here, Robyn Thomas made an application to City of Parramatta Council (Council). Ms Thomas sought the removal of a Jacaranda tree located on Lot 1482 DP 36702 also known as 32 Sirius Street Dundas Valley (site). On 10 May 2024, Council made the determination to refuse to grant the permit. Ms Thomas has appealed this determination by Council under s 2.12 of SEPP B&C.