Smith v Ferrero

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

23/03/2022

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Urban Planning

REVIEW TYPE

Merits review

SUMMARY

TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage to property – risk of injury – orders for removal of one tree – application for compensation refused – application to remove bamboo refused

“The tree is mature, some 20 metres tall, with a broad dense crown. It contributes to the amenity and landscape value of both the Applicant’s and the Respondent’s properties. It provides shading and cooling for both properties. More broadly, it contributes to public amenity and provides ecosystem services such as carbon sequestration, air filtering, rainfall run-off reduction and so on, contributing to the overall benefits of the area’s urban forest.”

CASE DOCUMENTS

Smith v Ferrero [2022] NSWLEC 1352