Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23:
1. COMMISSIONER: Bruce Gibson has made a Tree Permit Application to the Council of the City of Sydney (the Council) to remove an existing Cedrus deodora, or Himalayan Cedar, that is situated within his garden at 2 Burren St, Erskineville, and to replace it with two small canopy trees. The Council has refused this application, and it is from this refusal that these proceedings arise pursuant to s 2.12 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP B&C).
2. This application is the last in a line of various applications made by Mr Gibson and his wife relating to this tree, all of which have been refused except an application to prune the tree made in 2020 (TPR/2020/23).
3. The tree is 12-13m tall with a canopy spread of approximately 12-14m wide. It is in good health and condition, with an estimated useful life expectancy of 20-40 years. As per the views I was directed to observe on site, it is visible from several vantage points along Burren Street, and the top of the canopy can be seen amongst other trees from at least two points along Swanson Street. Although the canopy partly overhangs Burren Street, the tree is located entirely on private property.
4. Mr Gibson bases his request to remove the tree in his application on the poor health of the tree, structural damage to the adjacent concrete driveway, and serious health implications resulting from an allergy to the tree.
5. For the following reasons, I find that the health of the tree and structural damage do not justify its removal, however in this instance, the health implications for Mr Gibson are sufficient reason to permit the removal of the tree and replacement planting.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196eb26e3b48be0e6ffaf382)
Disclaimer: Curated by HT Syndication.
