7 Steps Education Pty Ltd ATF The Fingal Children Trust v Tweed Shire Council [2023] NSWLEC 1762

7 Steps Education Pty Ltd ATF The Fingal Children Trust v Tweed Shire Council [2023] NSWLEC 1762

The appeal is upheld because the modification application, as amended to remove only one tree with minimal environmental impact, satisfies the statutory prerequisites and the Court’s functions per s 34(3) LEC Act and s 4.55 EPA Act.

Parties
Applicant: 7 Steps Education Pty Ltd ATF The Fingal Children Trust; Respondent: Tweed Shire Council
Jurisdiction
Australia
Judgment Date
13 December 2023
Procedural Posture
Class 1 Proceedings / Conciliation Conference, Appeal of Refusal of Modification Application
Outcome
Appeal upheld, modification application approved
Legal Topics
Modification Application, Tree Removal, Bushfire Compliance
Environmental Law Planning Law Modification Application Tree Removal Bushfire Compliance

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Parties

7 Steps Education Pty Ltd ATF The Fingal Children Trust

Applicant

Tweed Shire Council

Respondent

Procedural Posture

Class 1 Proceedings / Conciliation Conference, Appeal of Refusal of Modification Application

Legal Issues

  1. 1 Whether the proposed modification (removal of one additional tree) can be approved under the relevant planning legislation
  2. 2 Whether the parties’ agreement satisfies jurisdictional prerequisites for Court approval

Ratio Decidendi

The appeal is upheld because the modification application, as amended to remove only one tree with minimal environmental impact, satisfies the statutory prerequisites and the Court’s functions per s 34(3) LEC Act and s 4.55 EPA Act.

Court Disposition

Appeal upheld, modification application approved

Orders

  • The Appeal is upheld.
  • Modification Application DA18/0478.02, as further amended for the removal of one additional tree on Lot 1 in DP 1273277, 20 Lagoon Road, Fingal Head NSW 2487, is approved subject to conditions at Annexure A.