Robertson v Blue Mountains City Council

Land and Environment Court New South Wales Medium Neutral Citation: Robertson & anor v Blue Mountains City Council [2016] NSWLEC 1087 Hearing dates:2 March 2016Date of orders: 11 March 2016 Decision date: 11 March 2016 Jurisdiction:Class 1Before: Fakes C Decision: Appeal dismissed Catchwords: APPEAL: Conditions of consent; tree removal sought; streetscape; arboricultural evidence Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rural Fires Act 1997 Blue Mountains Local Environmental Plan 2005 Blue Mountains Local Environmental Plan 2015 Category:Principal judgmentParties: Helen and John Robertson (Applicants) Blue Mountains City Council (Respondent) Representation: Applicants: Mrs H Robertson (Litigant in person) Respondent: Mr D Baird (Solicitor)     Solicitors: Respondent: Marsdens Law Group File Number(s):11083 of 2015Judgment COMMISSIONER: Some 14 months ago the applicants purchased the last lot in a neighbourhood development known as ‘Leura Springs’ in Craigend Street, Leura. In June 2015 the applicants were granted development consent for alterations and additions to their dwelling at 12/112 Craigend Street, Leura. As is usual, Blue Mountains City Council imposed conditions of consent. The approved plans include a copy of the landscape plan, marked-up by council, identifying in red ink trees originally proposed to be removed by the applicants but now required to be retained in accordance with the conditions. The applicants have appealed under s 97(2) of the Environmental Planning and Assessment Act 1979 (EPA Act) against two conditions of consent imposed by Blue Mountains City Council. The conditions, #13 and #15, go to tree removal and retention and to...