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[2026] NSWLEC 1139
General information, not legal advice.
Land and Environment Court (NSW)
2026-03-18
Dickson C
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Cao v Blacktown City Council [2026] NSWLEC 1139
Hearing dates: Conciliation conference 6 February, 6 March 2026
Date of orders: 18 March 2026
Decision date: 18 March 2026
Jurisdiction: Class 3
Before: Dickson C
Decision: The Court orders that:
(1) The Appeal is upheld.
(2) Tree Removal Application No TR-25-00427, as amended, for the pruning of the Eucalyptus deanei at the front of the subject site at 27 Highlands Crescent, Blacktown NSW 2148, is determined by the grant of consent subject to the conditions of consent in Annexure A.
Catchwords: APPEAL — tree removal application — conciliation conference — amended application for pruning — agreement between the parties — orders made
Legislation Cited: Land and Environment Court Act 1979 (NSW), s 34
Blacktown Local Environmental Plan 2015, Pt 2
State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.2, 2.3, 2.6, 2.10, 2.12
Category: Principal judgment
Parties: Binh Cao (Applicant)
Blacktown City Council (Respondent)
Counsel: B Cao (Self-represented) M Fozzard (Respondent) Solicitors: Bilias & Associates, Solicitors & Barristers (Respondent)
File Number(s): 2025/412829
Publication restriction: No
COMMISSIONER: The Applicant, Ms Cao, has appealed pursuant to s 2.12(1) of State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP BC) against the refusal by Blacktown City Council of their Tree Removal Application TR-25-00427. The tree removal application sought to remove the Eucalyptus deanei located in the front yard of their property at 27 Highlands Crescent, Blacktown (Lot 31 DP 29490).
The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was held on 6 February 2026. No agreement was reached and the conciliation was terminated. The parties continued discussions which were fruitful and agreement was reached. A signed agreement was filed with the Court on 4 March 2026. The matter was listed for a further conciliation conference on 6 March 2026. I presided over the further conciliation conference. The parties ask me to approve their decision as set out in the signed agreement before the Court which involves upholding the appeal and granting an amended permit subject to conditions agreed between the parties.
Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. There are jurisdictional prerequisites that must be satisfied before this function can be exercised.
For the reasons set out below, I am satisfied that the parties' decision is a decision that the Court could have made in the proper exercise of its functions.
Part 2.3 of the SEPP BC establishes the scheme for applying for and issuing a permit for clearing of vegetation in non‑rural areas of the State.
The tree, the subject of the application, meets the definition of “Vegetation" as defined in s 2.2(1) of SEPP BC, and Blacktown City Council local government area is a non-rural area of the state as defined at s 2.3(1) of SEPP BC. Finally, the site is zoned R2 Low Density Residential under Blacktown Local Environmental Plan 2015 (LEP 2015), meeting the criteria at s 2.3(2) of SEPP BC.
Pursuant to s 2.6(1) of SEPP BC, a person must not clear vegetation in a non-rural area of the state without a permit granted by the relevant council.
The tree removal application was made pursuant to s 2.10 of the SEPP BC. The site is not located in as part of a heritage item, nor within a heritage conservation area or a location of an Aboriginal object or a place of Aboriginal significance. Accordingly, none of the preclusions to the issue of a permit at ss 2.10(2) or (3) of SEPP BC apply to the current application.
The parties have agreed, and the Respondent gives consent pursuant to s 2.10(1) of SEPP BC, to the amendment of the Tree Removal Application to be restricted to the pruning of the relevant tree, rather than its removal.
The parties agree, and I accept, that a permit of a kind appended to the signed agreement may be issued, subject to conditions in accordance with s 2.10(4) of the SEPP BC.
As the parties' decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties' decision.
In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
The Court notes that:
The Respondent, Blacktown City Council, as the relevant consent authority, has approved the amendment of Tree Removal Application No. TR-25-00427 pursuant to s 2.10(1) of SEPP BC.
The Court orders that:
The Appeal is upheld.
Tree Removal Application No TR-25-00427, as amended, for the pruning of the Eucalyptus deanei at the front of the subject site at 27 Highlands Crescent, Blacktown NSW 2148, is determined by the grant of consent subject to the conditions of consent in Annexure A.
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Annexure A (170 KB, pdf)
Cao
Blacktown City Council [2026] NSWLEC 1139