Bayley & Waller v Kiernan [2008] NSWLEC 1291

Bayley & Waller v Kiernan [2008] NSWLEC 1291

On examination of the allotment pattern and the relevant provisions of IDO 122, the 7(c2) Scenic Protection - Rural Small Holdings zone was not land within the jurisdiction of the Trees (Disputes Between Neighbours) Act 2006, so the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
16 July 2008
Procedural Posture
Application Concerning Trees Growing on Adjacent Land / Ex Tempore Judgment
Outcome
Application dismissed.
Legal Topics
['jurisdiction Under the Trees (disputes Between Neighbours) Act 2006' 'purpose and Character of Zoning' 'rural Residential Land']
['land and Environment' 'trees Disputes' 'planning and Environment'] ['jurisdiction Under the Trees (disputes Between Neighbours) Act 2006' 'purpose and Character of Zoning' 'rural Residential Land']

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Procedural Posture

Application Concerning Trees Growing on Adjacent Land / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the land in the 7(c2) Scenic Protection - Rural Small Holdings zone under IDO 122 was land to which the Trees (Disputes Between Neighbours) Act 2006 applied.' 'Whether the land had the substantial character of a residential, village or township zone rather than rural-residential land.']

Ratio Decidendi

On examination of the allotment pattern and the relevant provisions of IDO 122, the 7(c2) Scenic Protection - Rural Small Holdings zone was not land within the jurisdiction of the Trees (Disputes Between Neighbours) Act 2006, so the application had to be dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']