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

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

The Liquidamber is currently causing and is likely to cause future property damage (fence and driveway) on the adjacent lot; no feasible alternatives to removal are viable; the tree is unsuitable for site conditions and removal is justified under Leichhardt DCP and LEP.

Parties
Applicant: Ecol Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
12 September 2017
Procedural Posture
Class 1 Appeal / Hearing and Determination
Outcome
Appeal upheld; development consent granted with conditions.
Legal Topics
Development Application, Tree Removal, Heritage Conservation, Damage to Property
Environmental Law Planning Law Local Government Law Development Application Tree Removal Heritage Conservation Damage to Property

Case Brief

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Parties

Ecol Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Hearing and Determination

Legal Issues

  1. 1 Whether the Liquidamber tree poses a threat to property under the meaning of Leichhardt Development Control Plan 2013
  2. 2 Whether feasible alternatives to removal exist
  3. 3 Whether removal is justified according to the legal framework

Ratio Decidendi

The Liquidamber is currently causing and is likely to cause future property damage (fence and driveway) on the adjacent lot; no feasible alternatives to removal are viable; the tree is unsuitable for site conditions and removal is justified under Leichhardt DCP and LEP.

Court Disposition

Appeal upheld; development consent granted with conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted to DA D/2016/174, subject to the conditions of consent attached as Annexure 'A'.