Brennan & anor v Leichhardt Council [2013] NSWLEC 1172

Brennan & anor v Leichhardt Council [2013] NSWLEC 1172

It is within the power of council, pursuant to the Environmental Planning & Assessment Act 1979, Leichhardt Local Environmental Plan 2000, and the Tree Preservation Order, to impose a condition requiring the planting of a replacement tree as a condition of consent for the removal of a non-exempt tree; such a condition is reasonable and appropriately relates to the consent given.

Parties
First Applicant: Sean Brennan; Second Applicant: Deborah Soden; Respondent: Leichhardt Council
Jurisdiction
Australia
Judgment Date
18 September 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld subject to conditions
Legal Topics
Tree Preservation Order, Removal of a Tree, Conditions of Development Consent, Jurisdictional Validity, Replacement Planting
Environmental Law Planning Law Tree Preservation Order Removal of a Tree Conditions of Development Consent Jurisdictional Validity Replacement Planting

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Parties

Sean Brennan

First Applicant

Deborah Soden

Second Applicant

Leichhardt Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the council has jurisdiction to impose a condition requiring the planting of a replacement tree upon removal of an existing tree
  2. 2 Whether the replacement tree condition is reasonable in the circumstances

Ratio Decidendi

It is within the power of council, pursuant to the Environmental Planning & Assessment Act 1979, Leichhardt Local Environmental Plan 2000, and the Tree Preservation Order, to impose a condition requiring the planting of a replacement tree as a condition of consent for the removal of a non-exempt tree; such a condition is reasonable and appropriately relates to the consent given.

Court Disposition

Appeal upheld subject to conditions

Orders

  • Appeal 10388 of 2013 is upheld in part.
  • The application to remove a Jacaranda mimosifolia from the rear garden of Lot 1, DP 500703, being 31 Piper Street, Annandale, is approved subject to the following condition.