Smith v Inner West Council [2024] NSWLEC 1655

Land and Environment Court New South Wales

Medium Neutral Citation: Smith v Inner West Council [2024] NSWLEC 1655 Hearing dates: Conciliation conferences on 28 August 2024 and 18 September 2024 Date of orders: 17 October 2024 Decision date: 17 October 2024 Jurisdiction: Class 3 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) The tree permit for tree works TREE/2024/0095 to remove a Corymbia citriodora (lemon scented gum) located within the rear setback of 86 Church Street Croydon is determined by the grant of consent subject to the conditions set out in Annexure A. Catchwords: TREE APPEAL – tree permit - conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, ss 17, 19, 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.6, 2.9, 2.10, 2.11, 2.12 Category: Principal judgment Parties: Annette Helen Smith (Applicant) Inner West Council (Respondent) Representation: Counsel: Self represented (Applicant) R Dunstan (Solicitor) (Respondent)

Solicitors: Self represented (Applicant) Inner West Council (Respondent) File Number(s): 2024/268677 Publication restriction: Nil

JUDGMENT 1. COMMISSIONER: This is a Class 3 Miscellaneous Appeal pursuant to s 2.12 of State Environmental Planning Policy (Biodiversity and Conservation) (SEPP BC) being an appeal against tree permit application TREE/2024/0095 (tree permit) to remove a Corymbia citriodora (lemon scented gum) located within the rear setback at 86 Church Street, Croydon (site). 2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 28 August 2024 and 18 September 2024. I presided over the conciliation conference. 3. As part of the conciliation conference process, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and granting consent to the tree permit subject to conditions of consent. 4. I note that as part of the s 34 agreement, the parties have submitted a jurisdictional statement setting out how the proposal has satisfied the jurisdictional requirements and other matters. 5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. 6. The parties' decision involves the Court exercising the function under s 2.10 of SEPP BC to grant consent to the tree permit.