Salkild v Council of the City of Sydney [2009] NSWLEC 1443

Land and Environment Court of New South Wales

CITATION : Salkild v Council of the City of Sydney [2009] NSWLEC 1443

FILE NUMBER(S) : 10324 of 2009

CORAM: Murrell C

KEY ISSUES: DEVELOPMENT APPLICATION :- tree removal.

Land and Environment Court Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan South Sydney Development Control Plan City of Sydney Heritage Development Control Plan

CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75

DATES OF HEARING: 24 November 2009

EX TEMPORE JUDGMENT DATE : 24 November 2009

APPLICANT Mr M Baird, barrister SOLICITOR LEGAL REPRESENTATIVES: David Geddes

RESPONDENT Mr A Hawkes, solicitor Council of the City of Sydney

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

24 November 2009

10324 of 2009 Salkild v Council of the City of Sydney This determination was given extemporaneously and has been edited prior to publication

JUDGMENT 1 COMMISSIONER: This matter commenced on site as a s 34 conciliation conference. The parties proceeded in the spirit of conciliation. However, no agreement was reached and the parties consented to the Court determining the matter under s 34(4) of the Land and Environment Court Act. 2 The Court met on site as I stated, and had the opportunity of viewing the subject site and the surrounding area. By way of background, I refer to council's statement of facts and contentions. The issue that remains to be determined is whether the silky oak tree near the northern and rear boundary should be retained. 3 The subject site is 25 Cook Road, Centennial Park, and there is rear lane access from Centennial Lane. The proposal is for the removal of a tree on the site and the construction of a new double garage with a studio above. The site is on the south-east side of Cook Road and has a total site area of 383 square metres. The tree in contention is a silky oak tree very close to the northern side boundary. The adjacent property to the north also contains a two-storey dwelling house as currently erected on the subject site. 4 The council describes the lane area in the vicinity. The lane generally consists of the rear of properties fronting Cook Road on the west side and the rear of properties fronting Lang Road on the east side. Centennial Lane consists of a general mix of rear boundary fences, roller doors and garage structures. The proposed garage structure and studio is a matter in terms of the design that has been assessed and commented on by council's heritage officer, and there is no contention with respect to the design of the garage. The issue is the removal of the silky oak tree and the construction in the vicinity. Council contends that the silky oak tree could in fact be retained if a single garage is erected on the subject site. 5 The contentions are: 1. the proposal is inappropriate in its context because it requires the removal of the silky oak tree, which is prominent and provides a high streetscape value along Centennial Lane, and that it is in good health and condition, and it would adversely impact on the amenity of the surrounding area if it is removed.