Khreich & anor v Holroyd City Council [2015] NSWLEC 1360

Khreich & anor v Holroyd City Council [2015] NSWLEC 1360

The four dead Eucalyptus fibrosa trees must be pruned (removing canopies and branches beyond 1.5m from the trunk), but their trunks and first 1.5m of main branches are to be retained as habitat due to their current and significant future potential for native species (including threatened fauna), consistent with principles of environmental legislation. The applicants must implement comprehensive replacement planting according to a landscape plan for long-term offset of any ecological loss. The court was not satisfied by evidence justifying full removal or showing imminent public safety threats from the tree trunks.

Jurisdiction
Australia
Judgment Date
02 September 2015
Procedural Posture
Appeal Against Local Council Order (class 2, Land and Environment Court) / Final Judgment
Outcome
Appeal dismissed; council order modified
Legal Topics
['tree Orders' 'threatened Species' 'habitat Value' 'cumberland Plain Woodland' 'replacement Planting']
['environmental Law' 'local Government Law'] ['tree Orders' 'threatened Species' 'habitat Value' 'cumberland Plain Woodland' 'replacement Planting']

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Procedural Posture

Appeal Against Local Council Order (class 2, Land and Environment Court) / Final Judgment

Legal Issues

  1. 1 ['Whether the four dead Eucalyptus fibrosa trees should be completely removed or retained in part for habitat' "Whether the applicants' site constitutes an endangered ecological community" 'Whether the proposed works and replacement planting are adequate to offset habitat loss' 'Whether the trees pose a danger to property or persons']

Ratio Decidendi

The four dead Eucalyptus fibrosa trees must be pruned (removing canopies and branches beyond 1.5m from the trunk), but their trunks and first 1.5m of main branches are to be retained as habitat due to their current and significant future potential for native species (including threatened fauna), consistent with principles of environmental legislation. The applicants must implement comprehensive replacement planting according to a landscape plan for long-term offset of any ecological loss. The court was not satisfied by evidence justifying full removal or showing imminent public safety threats from the tree trunks.

Court Disposition

Appeal dismissed; council order modified

Orders

  • ['Applicants to engage an AQF level 5 arborist to prune four dead Eucalyptus fibrosa trees so only trunks and first 1.5m of main branches remain, with arborist certification;' 'No interference with two front yard E. fibrosa permitted;' 'Applicants to engage a suitably qualified ecologist or bush care specialist to...