Farrell v Hornsby Shire Council [2006] NSWLEC 195

Land and Environment Court of New South Wales

CITATION : Farrell v Hornsby Shire Council [2006] NSWLEC 195

APPLICANT Brian Frederick Farrell PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10025 of 2006

CORAM: Hoffman C

KEY ISSUES: Appeal :- Development consent, removal of a large tree, entirely covers 2 backyards and parts of 4 houses, small allotments, falling branches, safety of persons, history of damage to houses, cars and personal injury, history of costly repairs to property and maintenance of the tree, likely future growth of tree, likely ongoing danger, damage and cost to occupants of property and neighbours

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hornsby Shire Council Local Environmental Plan 1994

DATES OF HEARING: 19/04/2006

EX TEMPORE JUDGMENT DATE : 04/19/2006

APPLICANT Self represented

LEGAL REPRESENTATIVES: RESPONDENT Mr I Woodward, solicitor SOLICITORS Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

19 April 2006

10025 of 2006 Brian Frederick Farrell v Hornsby Shire Council

JUDGMENT

1 This is a class one appeal 10025 of 2006 between Brian Frederick Farrell and Hornsby Shire Council in regard to the refusal to permit removal of a very large Blackbutt at a residential house and lot at No. 12 Knox Avenue, Epping. The applicant had made the application on 11 February 2005. On 13 April 2005 consent was refused although consent was granted for removal of one Cedrus deodara tree that was senescent in the front garden and the pruning of another large tree. The refusal of the Blackbutt was reviewed by council and confirmed the decision on 12 October 2005. 2 The issues in the appeal are: 1. Whether there is a sufficient basis to justify the removal of the Blackbutt tree pursuant to Council's Tree Preservation Order. Particulars a) The tree is not exempt from the operation of Council's Tree Preservation Order.