Beasley v Blue Mountains City Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

20/06/2021

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Urban Planning

REVIEW TYPE

Judicial review

SUMMARY

APPEAL – development application – relocation of access from public road to property – construction of hardstand for parking – removal of coniferous tree in HCA – is removal of tree justifiable – landscaping and restoration of garden – balance between amenity to residents of the property and the retention of the tree – weight given to development control plan – conditions

“The tree, as would any tree, sequesters carbon (an ecosystem service), but given the slow rate for growth the amount is not great, and replacement by another species (indigenous or not) could make up the loss.”

CASE DOCUMENTS

Beasley v Blue Mountains City Council [2022] NSWLEC 1652