Khreich v Holroyd City Council

Land and Environment Court New South Wales Medium Neutral Citation: Khreich & anor v Holroyd City Council [2015] NSWLEC 1360 Hearing dates:11 August 2015Date of orders: 02 September 2015 Decision date: 02 September 2015 Jurisdiction:Class 2Before: Fakes C Decision: Order modified – see [46] Catchwords: SECTION 124 ORDER: Retention and habitat pruning of Cumberland Plain Woodland species; replacement planting Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Local Government Act 1993 Threatened Species Conservation Act 1995 Holroyd Local Environmental Plan 2013 Category:Principal judgmentParties: Marwan Khreich and Ayad Al-Khouy Diab (Applicants) Holroyd City Council (Respondent) Representation: Applicants: Mr G McKee (Solicitor) Respondent: Mr M Fozzard (Barrister)   Solicitors: Applicants: McKees Legal Solutions Respondent: Bilias & Associates File Number(s):20056 of 2015Judgment COMMISSIONER:   On 16 September 2014, the applicants lodged a ‘General Tree Works Application’ with Holroyd City Council. The works proposed were the removal of six Gum trees from their property on the basis that each tree was dangerous and dropping dead branches, giving rise to complaints from neighbours. The trees in question are four large Eucalyptus fibrosa (Broad-leaved Ironbark) (Trees 1-4) growing in the rear yard of the applicants’ property (the site) and two other mature specimens of E. fibrosa in the front yard (Trees 5 and 6). Tree 1 is located near the northern boundary of the site, to the east of the garage; its canopy overhangs the adjoining property to the north. Tree 2 is to the south and slightly...