Dipper & Ors v Pittwater Council

Land and Environment Court (NSW)|2006-05-02|Before: Preston CJ

The Applicant pay the Respondent's costs of reopening the hearing on 1 May 2006 in the sum of $3,000.

Annexure A Proposed amended condition B53 and Condition D1 B53 (a) The existing conifer plans located along and adjacent to the central section of the southern side boundary of the property, hatched and marked A in the attached diagram marked "1", and the existing conifer plants located along and adjacent to the northern side boundary of the property, also marked A in Attachment 1, are to be removed and replaced with alternative indigenous plant species which will grow to a maximum mature height of 3.5 metres. The alternative plant species that are to replace the existing conifers are to be selected from:

(ii) any other species from section 5 "Rolling Hills and Lower Slopes" of the booklet prepared by Pittwater Council entitled "Native Plants for your Garden". If the alternative plant species is selected from this booklet and not from the list in Schedule 2, a qualified horticulturalist is to provide certification that the species selected will mature to a maximum height of generally 3.5 metres. (b) The existing conifer plants located along and adjacent to the eastern end of the southern side boundary of the property, marked B in Attachment 1, are to be removed and replaced with Murraya paniculata plants are not planted at this located then a qualified horticulturalist is to provide certification that the species selected will mature to a maximum height of generally 3.5 metres.

(c) The works referred to in paragraphs (a) and (b) are to be completed by 6 November 2006. D1 All plants located along and adjacent to the western end of the southern boundary, marked C in Attachment 1, are to be maintained to a maximum trimmed height of 4.0 metres. All other plants planted in locations along and adjacent to the side boundaries of the property marked A and B in attachment 1 are to be maintained to a maximum trimmed height of 3.6 metres.

"2" List of Suitable Alternative Plant Species

Species contain under section 5 "Rolling Hills and Lower Slopes (RH)" of "Native Plants For Your Garden" brochure prepared by Pittwater Council

1 Banksia spinulosa 2 Callistemon polygalifolium 3 Leptospermum polygalifolium 4 Grevillia sericea 5 Dodenea triquetra 6 Melaleuca hypericifolia 7 Rapanea variabilis

Species not contained under section 5 "Rolling Hills and Lower Slopes (RH" in "Native Plants For Your Garden" brochure prepared by Pittwater Council

8 Baeckia virgata 9 Aemena cvs. 10 Syzygium cvs. 11 Rainforest spp.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : Dipper & Ors v Pittwater Council [2006] NSWLEC 273

CASES CITED: Newbury District Council v The Secretary of State for the Environment [1981] AC 578

At a glance

Court

Decision date

Before

Source

Judgment (11 paragraphs)

Parties

Cases Cited (2)

Cited By (7)