Foster, F C v Hornsby Shire Council [2006] NSWLEC 809

Foster, F C v Hornsby Shire Council [2006] NSWLEC 809

The appeal was dismissed because the proposed dwelling would require removal of a significant tree assessed as worthy of preservation under the council's Tree Management Plan, and the proposal failed to comply with the relevant environmental protection controls.

Jurisdiction
Australia
Judgment Date
05 December 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['development Application' 'tree Removal' 'flora and Fauna Protection']
['planning Law' 'environmental Law'] ['development Application' 'tree Removal' 'flora and Fauna Protection']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the removal of a significant tree should be permitted to facilitate the erection of a dwelling house' "Compliance of the proposed development with landscaping and flora and fauna protection elements of the council's development control plan"]

Ratio Decidendi

The appeal was dismissed because the proposed dwelling would require removal of a significant tree assessed as worthy of preservation under the council's Tree Management Plan, and the proposal failed to comply with the relevant environmental protection controls.

Court Disposition

appeal dismissed

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is dismissed.' 'Development application No 969/06 to erect a new dwelling house at Lot 2, DP 203557, 38, Dudley Street, Asquith, is refused consent.' 'The exhibits except for Exhibits A, 1, 2 and 3 are returned.']