Gramadah Pty Ltd v Hilltops Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

26/07/2021

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Threatened species

REVIEW TYPE

Merits review

SUMMARY

(Catch words) APPEAL — Appeal against refusal of application to remove vegetation in critically endangered ecological community — Whether DA approval is valid — Whether evidence provided substantiates that the trees present a genuine risk of damage and/or injury — Whether sufficient relevant information has been provided by applicant to support appeal.

Excerpt from judgment:

[206] As reported previously, harsh environmental conditions impact this site. Prior to 2020, the area suffered from drought, and this is not uncommon. Future impacts of climate change must also be considered. Anecdotal and scientific evidence suggests a future with increasing average temperatures, greater likelihood and severity of drought, and greater frequency and intensity of extreme weather events, and temperature extremes. Climate change will thus impact existing trees, and make tree establishment and subsequent survival more challenging.

[207] In light of the ‘normal’ harsh site conditions, plus increasing impacts of climate change, future ‘perfect conditions’ are highly unlikely.

CASE DOCUMENTS

Gramadah Pty Ltd v Hilltops Council [2022] NSWLEC 1022