Koertge v Manly Council [2007] NSWLEC 627

Koertge v Manly Council [2007] NSWLEC 627

The existing Leyland Cypress along the backyard section of the southern boundary must be replaced with specified species because they are likely to grow beyond the height specified in the consent and are unsuitable for the location, thus not complying with the landscape plan or neighbour concerns.

Jurisdiction
Australia
Judgment Date
26 September 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal partly upheld; consent modified.
Legal Topics
['development Consent' 'landscape Requirements' 'variation of Consent' 'tree Species and Height']
['planning and Environment'] ['development Consent' 'landscape Requirements' 'variation of Consent' 'tree Species and Height']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the planting along the southern boundary complies with the landscaping condition specifying species with a mature height of 3 metres' 'Appropriate remedy to achieve compliance with landscape plan and neighbour concerns']

Ratio Decidendi

The existing Leyland Cypress along the backyard section of the southern boundary must be replaced with specified species because they are likely to grow beyond the height specified in the consent and are unsuitable for the location, thus not complying with the landscape plan or neighbour concerns.

Court Disposition

Appeal partly upheld; consent modified.

Orders

  • ['Delete Condition 1 and replace with Conditions 1 and 1A, specifying approved plans and landscaping details.' "Replace existing Leightons Green along southern boundary with Camelia sasanqua 'Star Above Star', Photima 'Red Robin', or Syzigium 'Aussie Boomer'." 'Maintain landscaping on southern boundary at height not...