Ecol Pty Ltd v Inner West Council [2017] NSWLEC 1496

Land and Environment Court New South Wales

Medium Neutral Citation: Ecol Pty Ltd v Inner West Council [2017] NSWLEC 1496 Hearing dates: 16 August 2017 Date of orders: 12 September 2017 Decision date: 12 September 2017 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders:

(1) The appeal is upheld. (2) Development consent is granted to DA D//2016/174, subject to the conditions of consent attached as Annexure 'A'. (3) The exhibits are returned, with the exception of Exhibits 1 and D. Catchwords: DEVELOPMENT APPLICATION: removal of a prescribed tree - property damage Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 Leichhardt Development Control Plan 2013 Cases Cited: Nil Texts Cited: Leichhardt Council Tree Management Technical Manual Category: Principal judgment Parties: Ecol Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: Ms N Hammond (Applicant) Mr S Turner (Respondent) Solicitors: Cordato Partners Lawyers (Applicant) Inner West Council (Respondent) File Number(s): 2017/115562 Publication restriction: Nil

Judgment

Background 1. COMMISSIONER: Ecol Pty Ltd (the Applicant) has appealed a decision by Inner West Council (the Respondent) to refuse its development application D/2016/174 for removal of a Liquidamber tree (Liquidamber styraciflua) (referred to hereafter as the Liquidamber) located within the grounds of the Baille Hunter Church in Annandale (the Subject Site). The appeal is made pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 ('EP&A Act'). 2. The Subject Site is located on the corner of Johnston St and Collins St Annandale and is identified as a Heritage Item, within a Heritage Conservation Area, on the Heritage map within Leichhardt Local Environmental Plan 2013 ('LLEP'). 3. The Liquidamber is located in the south east corner of the Subject Site, and adjacent to its western boundary with the adjacent lot at 19 Collins St. 4. The appeal was not the subject of a conciliation conference under s 34 of the Land and Environment Court Act 1979 (the 'LEC Act') proceeding directly to hearing on 16 August 2017. 5. An inspection of the Subject Site was undertaken prior to the commencement of the hearing. No objectors made submissions to the Court during the on-site inspection and hearing.