Reid v Ku-ring-gai Council [2006] NSWLEC 397

Reid v Ku-ring-gai Council [2006] NSWLEC 397

The removal of five of thirteen significant canopy trees on Lot 11 does not so detract from the landscaping or streetscape objectives as to warrant refusal; retention of eight significant trees will maintain streetscape character and meet planning requirements.

Parties
Applicant: John Ross Reid; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
13 June 2006
Procedural Posture
Development Application Appeal / Appeal Hearing Ex Tempore Judgment
Outcome
Appeal upheld. Development consent granted.
Legal Topics
Development Application, Subdivision, Tree Preservation, Landscaping, Residential Zoning
Planning Law Environmental Law Development Application Subdivision Tree Preservation Landscaping Residential Zoning

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Parties

John Ross Reid

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Development Application Appeal / Appeal Hearing Ex Tempore Judgment

Legal Issues

  1. 1 Whether the removal of significant trees on proposed Lot 11 is consistent with the aims and objectives of the Ku-ring-gai Planning Scheme and the DCP
  2. 2 Whether the proposed subdivision and building works satisfy relevant planning controls and objectives regarding streetscape and landscape character

Ratio Decidendi

The removal of five of thirteen significant canopy trees on Lot 11 does not so detract from the landscaping or streetscape objectives as to warrant refusal; retention of eight significant trees will maintain streetscape character and meet planning requirements.

Court Disposition

Appeal upheld. Development consent granted.

Orders

  • Development consent for subdivision and alterations/additions granted in accordance with Exhibit A building footprint.
  • Conditions in Exhibit 9 (with two minor changes) imposed.