Elith v Ku-ring-gai Council [2024] NSWLEC 1757

Land and Environment Court New South Wales

Medium Neutral Citation: Elith v Ku-ring-gai Council [2024] NSWLEC 1757 Hearing dates: 6 August 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Class 1 Before: Douglas AC Decision: The Court orders that: (1) The appeal is dismissed. (2) All exhibits retained. Catchwords: Appeal against refusal of permission for tree removal – Leyland Cypress competing with Turpentine tree – no current indications of negative impacts – negative impacts unlikely in the mid-term future – appeal dismissed Legislation Cited: Biosecurity Act 2015, Electricity Supply Act 1995 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979, s 39 Roads Act 1993 Rural Fires Act 1997 Ku-ring-gai Local Environmental Plan 2015 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.2, 2.6, 2.7, 2.9, 2.11, 2.12, Pts 2.3, 3 Uniform Civil Procedures Rules 2005 Texts Cited: Ku-ring-gai Council, Tree Assessment Guidelines. Ku-ring-gai Council, Urban Forest Policy, 18 February 2020 Ku-ring-gai Development Control Plan 2024 NSW Rurual Fire Service, 10/50 Vegetation Clearing Code of Practice for New South Wales, 4 September 2015 Category: Principal judgment Parties: Michael Elith (First Applicant) Lucinda Alder (Second Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Elith (Self-represented) (First Applicant) L Alder (Self-represented) (Second Applicant) C Rose (Solicitor) (Respondent)