Parks and Playgrounds Movement Inc v Newcastle City Council [2010] NSWLEC 231

Reported Decision : 179 LGERA 346

Land and Environment Court of New South Wales

CITATION : Parks and Playgrounds Movement Inc v Newcastle City Council [2010] NSWLEC 231

APPLICANT: Parks and Playgrounds Movement Inc PARTIES : RESPONDENT: Newcastle City Council

FILE NUMBER(S) : 40745 of 2010

CORAM: Biscoe J

KEY ISSUES: JUDICIAL REVIEW :- power of roads authority under s 88 Roads Act 1993 to remove tree on or overhanging a public road, despite any other Act or law to the contrary, if, in its opinion, it is necessary to do so for the purpose of removing a traffic hazard – whether s 88 subject to jurisdictional fact or facts – whether tree "on or overhanging" a public road where, or to extent that, some roots and branches extend into or overhang adjoining land – whether s 88 subject to any development consent requirement under s 76A in Pt 4 Environmental Planning and Assessment Act 1979 or requirements of ss 111 and 112 in Pt 5 - meaning of "any other Act or law to the contrary" – whether, if subject to s 76A, development consent required under an environmental planning instrument – whether, if subject to ss 111 and 112 in Pt 5, their requirements are satisfied - power of council to remove trees on a public road that is unzoned land under cl 98(2) State Environmental Planning Policy (Infrastructure) 2007

Environmental Planning and Assessment Act 1979, ss 76A, 111, 112, Pts 4 and 5 Interpretation Act 1987, ss 33, 34 Land and Environment Court Act 1979, s 20 Land and Environment Court Rules 2007, r 4.2(1) Local Government Act 1993 National Parks and Wildlife Act 1974 LEGISLATION CITED: Newcastle City Centre Local Environmental Plan 2008, cl 14 Protection of the Environment Operations Act 1997, s 253 Road Management Act 2004 (Vic), cl 10, Sch 3 Roads Act 1993, ss 88, 138 State Environmental Planning Policy (Infrastructure) 2007, cl 98(2) Threatened Species Conservation Act 1995 Uniform Civil Procedure Rules 2005, r 42.1