30Matters generally to be considered by Appeal Tribunal

30 Matters generally to be considered by Appeal Tribunal

Without limiting the matters to which the Appeal Tribunal may have regard in considering an application in relation to a plant situated on an area of land, the Appeal Tribunal must, to the extent that they are relevant in relation to the application, consider the following:

(a) the provisions of a planning scheme, within the meaning of the Land Use Planning and Approvals Act 1993 , that applies to the land, including –

(i) the zone, under the Land Use Planning and Approvals Act 1993 , of the land; and

(ii) any designation, and requirements, that apply in relation to plants; and

(iii) any height restrictions, or requirements as to set-back, that apply under that scheme in relation to the land;

(b) the location of the plant in relation to the boundary of the land;

(c) any risks associated with soil instability, or changes to the water table, that may be caused by the work required under a proposed order;

(d) whether the plant, or any risk, obstruction or interference related to the plant, existed before the applicant purchased or first began to occupy the land that is affected by the plant;

(e) if it is alleged that sunlight is severely obstructed from reaching a structure referred to in section 7(2)(a) or (b) because of the plant –

(i) the amount of sunlight obstructed; and

(ii) the number of hours per day during which the sunlight is obstructed; and

(iii) the period of the year during which the sunlight is obstructed; and

(iv) whether the plant loses its leaves at certain times of the year and the proportion of the year during which leaves are lost;

(f) if it is alleged that a view from a part of a dwelling is obscured because of a plant –

(i) the nature and extent of the view that is obscured; and