Burrell v Almajd and Anor [2000] NSWLEC 24

Burrell v Almajd and Anor [2000] NSWLEC 24

The Court held that further orders supplementing earlier consent orders were appropriate due to the admitted destruction of trees contrary to law, and that practical, flexible arrangements for the protection and management of the affected area (including retention of stumps, fencing, and council-supervised management for five years) were warranted to promote possible regeneration and public interest in environmental protection.

Parties
Applicant: John Llewellyn Burrell; First Respondent: Ghass Almajd; Second Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
07 December 1999
Procedural Posture
Civil / Judgment Following Hearing
Outcome
Declarations and orders made supplementing earlier proceedings, including requirements for fencing, management, and retention/protection of trees 1 and 2 for five years under council supervision.
Legal Topics
Tree Preservation Order, Remedial Orders, Land Management
Environmental Law Tree Preservation Order Remedial Orders Land Management

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Parties

John Llewellyn Burrell

Applicant

Ghass Almajd

First Respondent

Sutherland Shire Council

Second Respondent

Procedural Posture

Civil / Judgment Following Hearing

Legal Issues

  1. 1 Whether further orders should supplement previous consent orders concerning damage to protected trees
  2. 2 Whether trees 1 and 2 should be formally required to be retained or protected
  3. 3 What form any remedial or management regime should take for the affected area

Ratio Decidendi

The Court held that further orders supplementing earlier consent orders were appropriate due to the admitted destruction of trees contrary to law, and that practical, flexible arrangements for the protection and management of the affected area (including retention of stumps, fencing, and council-supervised management for five years) were warranted to promote possible regeneration and public interest in environmental protection.

Court Disposition

Declarations and orders made supplementing earlier proceedings, including requirements for fencing, management, and retention/protection of trees 1 and 2 for five years under council supervision.

Orders

  • Declaration that six Tuckeroo trees were felled contrary to planning provisions and without consent
  • Retention of stumps 1 and 2 to allow for regrowth