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ARTICLE · 12 MARCH 2026

Tree removal does not equal refusal

Bartier Perry Solicitors
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Sydney Building Group demonstrates how the provision of detailed expert evidence and strategic design overcame Council concerns of tree removal and vegetation impacts.

AustraliaGovernment, Public Sector
Dennis Loether
Dennis Loether
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Sydney Building Group Pty Ltd v Sutherland Shire Council [2026] NSWLEC 1070

In the recent decision of Sydney Building Group Pty Ltd v Sutherland Shire Council [2026] NSWLEC 1070 (Sydney Building Group) the NSW Land and Environment Court upheld an agreement that was reached between the parties in respect of a multi dwelling development that included removal of a number of trees.

Sydney Building Group appealed Council's deemed refusal of a development application seeking approval for demolition, removal of 15 trees and construction of six new dwellings (the Proposal) at 29 and 29A North-West Arm Road, Gymea (the Site).

A central issue raised by Council in its assessment of the Proposal was the significant value of the 15 trees proposed for removal, and the subsequent impacts on vegetation and natural features on the Site. Council raised concerns regarding the impact of the proposed tree removal would have on the neighbourhood character and landscaped area.

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