Torrero Holdings Pty Ltd v Inner West Council [2023] NSWLEC 1008

Torrero Holdings Pty Ltd v Inner West Council [2023] NSWLEC 1008

Removal of tree T1 is justified and should be approved due to its root system having caused damage to the building's structure and the unlikelihood that engineering solutions would prevent further damage; removal of T2 and T3 is not justified as no substantial property damage was directly attributable that could not be remedied by engineering solutions, and their retention is consistent with planning policy objectives.

Jurisdiction
Australia
Judgment Date
11 January 2023
Procedural Posture
Class 1 Appeal / Judgment on Appeal From Refusal of Tree Permit Application
Outcome
Appeal upheld in part; approval granted to remove tree T1 subject to conditions; removal of trees T2 and T3 refused.
Legal Topics
['tree Permit Applications' 'property Damage by Trees' 'local Environmental Planning' 'development Control Plans']
['planning Law' 'environmental Law'] ['tree Permit Applications' 'property Damage by Trees' 'local Environmental Planning' 'development Control Plans']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment on Appeal From Refusal of Tree Permit Application

Legal Issues

  1. 1 ['Whether removal of Cook Pine trees (T1, T2, T3) at 2 West Street Lewisham is justified under relevant planning controls and assessment criteria' 'Whether damage to property warrants removal of tree(s)' 'Interpretation of relevant assessment criteria in the Marrickville Development Control Plan 2011']

Ratio Decidendi

Removal of tree T1 is justified and should be approved due to its root system having caused damage to the building's structure and the unlikelihood that engineering solutions would prevent further damage; removal of T2 and T3 is not justified as no substantial property damage was directly attributable that could not be remedied by engineering solutions, and their retention is consistent with planning policy objectives.

Court Disposition

Appeal upheld in part; approval granted to remove tree T1 subject to conditions; removal of trees T2 and T3 refused.

Orders

  • ['The appeal is upheld.' "The Applicant's application TREE-2022_0050 for removal of one (1) tree identified as T1 at 2 West Street Lewisham is approved, subject to conditions at Annexure 'A' and the tree location plan at Annexure 'B'." 'The exhibits are returned, except Exhibits B and 1.']