Parker Logan Property Pty Ltd (ACN 121 055 178) v Woollahra Municipal Council [2020] NSWLEC 1215

Land and Environment Court New South Wales

Medium Neutral Citation: Parker Logan Property Pty Ltd (ACN 121 055 178) v Woollahra Municipal Council [2020] NSWLEC 1215 Hearing dates: 2 April 2020 Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed. (2) The exhibits are returned with the exception of exhibits A, B, 2 and 3. Catchwords: MODIFICATION APPLICATION – appeal against conditions – proposal to modify conditions to permit removal of a significant tree. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Woollahra Local Environment Plan 2014 Texts Cited: Land and Environment Court of the New South Wales, Covid-19 Pandemic Arrangements Policy (March, 2020) Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Parker Logan Property Pty Ltd (ACN 121 055 178) (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J Ede (Solicitor) (Respondent)

Solicitors: Boskovitz Lawyers (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2019/112178 Publication restriction: Nil

Judgment 1. COMMISSIONER: Parker Logan Property Pty Ltd (ACN 121 055 178) (the Applicant) has appealed the imposition of certain conditions of consent imposed by Woollahra Local Planning Panel, on behalf of Woollahra Municipal Council (the Respondent). The Applicant's modification application seeks to amend two conditions of consent imposed in relation to the grant of consent for DA 607/2015 for construction of a residential flat building at 9A Cooper Park Road, Bellevue Hill (the Subject Site). 2. The Parties have confirmed that, correctly construed: 1. the appeal comes to the Court pursuant to the provisions of s 8.9 of the Environmental Planning and Assessment Act 1979 (EP&A Act); 2. the Applicant's modification application, originally made under s 4.55(1A) of the EP&A Act, was, correctly, determined by the Respondent under s 4.56 of the EP&A Act, and the appeal should be considered on this basis. 1. The appeal against the Respondent's decision is heard under the provisions of s 34C of the Land and Environment Court Act 1979 (the LEC Act). 2. The Applicant's modification application had sought the removal of two significant trees on the Subject Site, identified as trees T1 (a Port Jackson Fig (Ficus rubiginosa)) and T4 (a Bangalay (Eucalyptus botryoides)). 3. The conditions of consent issued in respect of the Respondent's approval of the modification application, and which is the subject of this appeal, approves the removal of Tree 1, but requires the retention of Tree 4, through the imposition of an modified Condition A.6, as follows: "A.6 Tree Preservation & Approved Landscaping Works All landscape works shall be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) The following trees shall be retained: Ref No Species Location Dimension 4 Eucalyptus botryoides Bangalay Front - Centre 18 x 12 metres 13 Corymbia maculata Spotted Gum Front - Northern 14 x 10 metres corner 14 Lagerstroemia indica 5 x 4 metres Crepe Myrtle