NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Bayley & Waller v Kiernan [2008] NSWLEC 1291
APPLICANTS Matthew Bayley & Lorralie Waller
PARTIES : RESPONDENTS Gregory & Doris Kiernan
INTERVENOR Gosford City Council
FILE NUMBER(S) : 20417 of 2008
CORAM: Moore C - Fakes AC
KEY ISSUES: Jurisdiction - Trees (Neighbours) :- Purpose of a zone
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006 IDO 122
DATES OF HEARING: 16 July 2008
EX TEMPORE JUDGMENT DATE : 16 July 2008
APPLICANTS In person
RESPONDENTS LEGAL REPRESENTATIVES: In person
INTERVENOR Mr M Everingham, solicitor Gosford City Council
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE C FAKES AC
16 July 2008
08/20417 Matthew Bayley & Lorralie Waller v Gregory & Doris Kiernan
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONERS: An application has been made by Mr Bayley and Ms Waller concerning trees growing on the adjacent land on the downhill side of their property. This property is owned by the Kiernans.
2 The two allotments are zoned 7(c2) Scenic Protection - Rural Small Holdings under Gosford Council's Interim Development Order 122. The second of the objectives of the zone is "to enable development for the purposes of rural residential holdings ………….".
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