Sutherland No. 7 Pty Limited v Ku-ring-gai Council [2021] NSWLEC 1209

Sutherland No. 7 Pty Limited v Ku-ring-gai Council [2021] NSWLEC 1209

The removal of T 38, a visually and heritage-significant tree, cannot be supported within the Wahroonga Heritage Conservation Area as it is inconsistent with heritage and landscape controls, and the applicant has not demonstrated sufficient justification for removal. Consequently, the appeal is dismissed and the development application is refused.

Jurisdiction
Australia
Judgment Date
11 May 2021
Procedural Posture
Class 1 Appeal / Final Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'heritage Conservation Area' 'tree Removal' 'biodiversity Impact Assessment' 'ecological Community' 'vegetation Management Plan' 'streetscape Impacts']
['planning and Environment Law' 'heritage Law' 'environmental Law'] ['development Application' 'heritage Conservation Area' 'tree Removal' 'biodiversity Impact Assessment' 'ecological Community' 'vegetation Management Plan' 'streetscape Impacts']

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Procedural Posture

Class 1 Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether removal of T 38 (Norfolk Island Pine) within a heritage conservation area should be permitted for development.' 'Impacts on Blue Gum High Forest Critically Endangered Ecological Community due to proposed development.' 'Compliance with Ku-ring-gai Local Environmental Plan 2015 and related controls on building footprint, setbacks, and biodiversity.']

Ratio Decidendi

The removal of T 38, a visually and heritage-significant tree, cannot be supported within the Wahroonga Heritage Conservation Area as it is inconsistent with heritage and landscape controls, and the applicant has not demonstrated sufficient justification for removal. Consequently, the appeal is dismissed and the development application is refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['Applicant granted leave to rely on amended plans and documentation.' 'Applicant to pay costs of Respondent thrown away due to amendment of Development Application, pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979.' 'The appeal is dismissed.' 'Development Application No. DA 0184/19 for...