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The Court upheld the appeal and granted development consent for a five-dwelling development at 134 Douglas Street, Stockton, under a s 34 agreement.
The Court partly granted Henry Wines’ bamboo dispute application against Homes NSW, ordering staged removal works and $6,253.50 compensation.
The Court determined linked native vegetation clearing prosecutions, accepting key aerial and ecological evidence in part and finding some charges proved beyond reasonable doubt.
Application under the Trees Act refused because the nominated trees were not shown to form a hedge, and the view obstruction was found to be moderate.
The Court approved a cl 4.6 variation, upheld the appeal, and granted consent for amended backpackers’ accommodation works at 171 Arden St, Coogee.
Class 1 appeal from deemed refusal of a residential flat building DA was upheld after a s 34 conciliation conference, with consent granted subject to conditions.
Dispute over fig trees on a boundary: the Court refused Pt 2A orders, declined compensation and repair orders, but imposed root barrier and pruning orders to prevent further damage.
The Court of Appeal upheld the appeal in part, set aside broad injunctions and a costs order, and remitted the matter to rephrase injunctive relief and reconsider costs.
Neighbour-tree dispute under the Trees Act: removal of three palms refused, but annual pruning orders were made for a juniper hedge to prevent future severe view obstruction.
Neighbour tree dispute over minor driveway and fence damage led to targeted root pruning and dead-branch removal, but not tree removal.
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