Cameron v Lake Macquarie City Council [2000] NSWLEC 34

Cameron v Lake Macquarie City Council [2000] NSWLEC 34

The application to remove trees is a development application under the Environmental Planning & Assessment Act 1979, as the relevant prohibition is included in the environmental planning instrument via the Model Provisions; substantial compliance with application form and provision of owner's consent in related documents satisfy statutory requirements; so the appeal is competent and cannot be struck out.

Parties
Applicant: J D Cameron; Respondent: Lake Macquarie City Council
Jurisdiction
Australia
Judgment Date
11 April 2000
Procedural Posture
Appeal / Application to Strike Out Appeal as Incompetent
Outcome
Respondent's application to strike out appeal dismissed; costs awarded to applicant.
Legal Topics
Development Applications, Tree Preservation Orders, Form Requirements, Owner's Consent, Costs in Planning Appeals
Planning and Environment Development Applications Tree Preservation Orders Form Requirements Owner's Consent Costs in Planning Appeals

Case Brief

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Parties

J D Cameron

Applicant

Lake Macquarie City Council

Respondent

Procedural Posture

Appeal / Application to Strike Out Appeal as Incompetent

Legal Issues

  1. 1 Whether application to remove trees is 'development' under the Environmental Planning & Assessment Act 1979
  2. 2 Whether strict compliance with prescribed application form is required
  3. 3 Whether owner's consent must be on the same document as the application

Ratio Decidendi

The application to remove trees is a development application under the Environmental Planning & Assessment Act 1979, as the relevant prohibition is included in the environmental planning instrument via the Model Provisions; substantial compliance with application form and provision of owner's consent in related documents satisfy statutory requirements; so the appeal is competent and cannot be struck out.

Court Disposition

Respondent's application to strike out appeal dismissed; costs awarded to applicant.

Orders

  • The respondent's notice of motion dated 3 November 1999 is dismissed.
  • The respondent must pay the applicant's costs of the notice of motion.