Vlahos & Anor v Willoughby City Council [2013] NSWLEC 1068

Vlahos & Anor v Willoughby City Council [2013] NSWLEC 1068

The judgment found that two 400-litre Waterhousea floribunda (Weeping Lilly Pilly) trees should be planted at the specified locations to replace the amenity loss from the removed tree and that a positive covenant should be registered on the title to ensure their maintenance and replacement for 20 years; the imposition of a privacy screen on the upper floor balcony was not necessary due to sufficient separation distance and compliance with DCP privacy objectives.

Jurisdiction
Australia
Judgment Date
19 April 2013
Procedural Posture
Class 1 Appeal (land and Environment Court) / Appeal Decision After Hearing and Site View
Outcome
Appeal upheld in part.
Legal Topics
['modification of Consent' 'replacement Tree Planting' 'privacy Controls' 'positive Covenants' 'development Conditions']
['planning Law' 'environmental Law' 'development Control'] ['modification of Consent' 'replacement Tree Planting' 'privacy Controls' 'positive Covenants' 'development Conditions']

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Procedural Posture

Class 1 Appeal (land and Environment Court) / Appeal Decision After Hearing and Site View

Legal Issues

  1. 1 ['Whether imposed conditions regarding privacy screen and replacement tree planting were necessary or appropriate.' 'Number, species, and size of replacement trees required to restore amenity commensurate with removed tree.' 'Necessity of registration of a positive covenant for ongoing tree maintenance and protection.']

Ratio Decidendi

The judgment found that two 400-litre Waterhousea floribunda (Weeping Lilly Pilly) trees should be planted at the specified locations to replace the amenity loss from the removed tree and that a positive covenant should be registered on the title to ensure their maintenance and replacement for 20 years; the imposition of a privacy screen on the upper floor balcony was not necessary due to sufficient separation distance and compliance with DCP privacy objectives.

Court Disposition

Appeal upheld in part.

Orders

  • ['Development Consent DA-2010/245 modified by amending conditions per Annexure A.' 'Other exhibits (except A, B, C, and 2) to be returned.']