Warringah Council v Windy Dropdown Pty Limited & Anor [2000] NSWLEC 110

Warringah Council v Windy Dropdown Pty Limited & Anor [2000] NSWLEC 110

Fill was unlawfully placed in the landscape preservation area without approval, contrary to the consent and s 76A(1)(b) of the Environmental Planning and Assessment Act 1979; likewise, trees were removed in breach of condition 2(g) of the consent. Remedial orders for removal of fill and replanting of trees are warranted to preserve heritage and landscape values.

Jurisdiction
Australia
Judgment Date
14 June 2000
Procedural Posture
Civil / Final Decision Before Orders
Outcome
Orders for removal of fill and replanting of trees to be prepared; matter stood over for draft orders and costs.
Legal Topics
['development Consent' 'unauthorised Works' 'heritage Site Protection' 'landscape Preservation' 'unauthorised Tree Removal']
['environmental Law' 'planning Law' 'heritage Law'] ['development Consent' 'unauthorised Works' 'heritage Site Protection' 'landscape Preservation' 'unauthorised Tree Removal']

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Procedural Posture

Civil / Final Decision Before Orders

Legal Issues

  1. 1 ['Whether fill was unlawfully placed in the landscape preservation area in breach of development consent' 'Whether trees were removed in breach of approval conditions' 'Whether remedial orders should be made including removal of fill and replanting of trees']

Ratio Decidendi

Fill was unlawfully placed in the landscape preservation area without approval, contrary to the consent and s 76A(1)(b) of the Environmental Planning and Assessment Act 1979; likewise, trees were removed in breach of condition 2(g) of the consent. Remedial orders for removal of fill and replanting of trees are warranted to preserve heritage and landscape values.

Court Disposition

Orders for removal of fill and replanting of trees to be prepared; matter stood over for draft orders and costs.

Orders

  • ['Applicant to prepare draft declarations and orders implementing court’s findings and submit to the court.' 'Parties granted leave to approach Registrar within 5 days for final orders and costs.']