Torrez v Clifford

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

12/09/2022

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Urban Planning

REVIEW TYPE

Merits review

SUMMARY

TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – damage to property – consent already obtained to remove the tree – orders sought for pruning the tree – application granted

“The tree is part of, and contributes to, the local vegetation community. As a food source for native fauna, it provides habitat value. It contributes to public amenity, being visible from the broader neighbourhood. It provides ecosystem services that include shading and cooling, carbon sequestration, pollutant removal and rainfall interception. Its roots contribute to stabilisation of the steep land on which it grows.”

CASE DOCUMENTS

Torrez v Clifford [2022] NSWLEC 1495