Robertson & anor v Blue Mountains City Council [2016] NSWLEC 1087

Robertson & anor v Blue Mountains City Council [2016] NSWLEC 1087

The proposed removal of additional trees is contrary to the zone objectives of the Living – Conservation zone under Blue Mountains Local Environmental Plan 2005, which prioritise retention of prominent landscape settings and elements; there is no arboricultural or planning justification for removal, and the conditions are reasonable and properly imposed. The appeal must be dismissed as the amendments sought do not comply with mandatory planning controls.

Jurisdiction
Australia
Judgment Date
11 March 2016
Procedural Posture
Class 1 Appeal / Judgment Following Hearing
Outcome
Appeal dismissed
Legal Topics
['conditions of Development Consent' 'tree Removal' 'landscape Character' 'appeals Under Environmental Planning and Assessment Act']
['planning and Environment Law'] ['conditions of Development Consent' 'tree Removal' 'landscape Character' 'appeals Under Environmental Planning and Assessment Act']

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Procedural Posture

Class 1 Appeal / Judgment Following Hearing

Legal Issues

  1. 1 ['Whether conditions of consent restricting tree removal and requiring specific landscaping should be amended to allow additional tree removal and a revised landscape plan' 'Whether the proposed amendment complies with objectives of the Living – Conservation zone under Blue Mountains Local Environmental Plan 2005' 'Whether removal of trees is justified on grounds of streetscape, amenity, bushfire hazard, or traffic safety']

Ratio Decidendi

The proposed removal of additional trees is contrary to the zone objectives of the Living – Conservation zone under Blue Mountains Local Environmental Plan 2005, which prioritise retention of prominent landscape settings and elements; there is no arboricultural or planning justification for removal, and the conditions are reasonable and properly imposed. The appeal must be dismissed as the amendments sought do not comply with mandatory planning controls.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The exhibits are returned.']