Cordato v City of Canada Bay Council [2007] NSWLEC 327

Land and Environment Court of New South Wales

CITATION : Cordato v City of Canada Bay Council [2007] NSWLEC 327

APPLICANT Anthony J Cordato & Colleen Comerford – Cordato PARTIES : RESPONDENT City of Canada Bay Council

FILE NUMBER(S) : 10209 of 2007

CORAM: Brown C

KEY ISSUES: Appeal :- modification application - removal of trees

DATES OF HEARING: 5/06/07

EX TEMPORE JUDGMENT DATE : 5 June 2007

APPLICANT Mr G Newport, barrister SOLICITORS Cordato Partners LEGAL REPRESENTATIVES: RESPONDENT Ms P Whitford, solicitor SOLICITORS Maddocks

JUDGMENT: - 4 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

5 June 2007

10209 of 2007 Anthony J Cordato & Colleen Comerford – Cordato v City of Canada Bay Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the determination of an application by the City of Canada Bay Council (the council) to modify Development Application 437/1999 for alterations and additions to a dwelling at 9 Wolseley Street Drummoyne (the site).

2 The proceedings were heard as an On Site Hearing on 5 June 2007 and the judgement reflects the contents of the Statement of Basic Facts and the findings given on-site.

3 The modification application addressed a number of different matters however the only matter in dispute is condition 3. This condition states: 3. Landscaping The Ficus Hillii planted between sheds 2 and 3 are considered inappropriate species to be planted in such a position adjacent to the boundary and are to be replaced with the advanced species of a native variety capable of attaining a maximum height of 3 – 4 metres at maturity. 4 The three Ficus Hillii are located on the southern boundary between two recently constructed sheds, the rear fence and a brick retaining wall. The trees are located within a garden bed 4.2 metres in length and a width ranging from 1.75 metres to 2.14 metres. The trees were planted in October 2006 in an advanced state and are currently in the order of 3.5 metres in height.