Tree removal does not equal refusal

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. 

In order to address Council’s concerns, the Applicant had to carefully consider the relevant tree removal controls contained in the Sutherland Local Environmental Plan 2015 (SLEP), which place particular emphasis on the protection and enhancement of vegetation in areas of high visual significance.

The Applicant obtained additional arboricultural evidence to satisfy Council of the ability to retain trees on the Site and confirmed the vegetation significance of the trees proposed for removal. 

The Applicant also provided amended plans which provided for increased landscaped area, retention of trees, and redesign of driveway and open space areas, to demonstrate the Proposal’s consistency with vegetation and landscape character controls within the R2 Low Density Residential Zone under the SLEP. 

Through the provision of the additional arboricultural evidence and amended plans, the Applicant successfully addressed Council’s concerns and demonstrated that the Proposal ultimately achieves enhanced landscape outcomes on the Site and protects surrounding vegetation. 

In its decision, the Court confirmed that as a result of the amended plans and additional arboricultural evidence, the Proposal “is capable of approval having regard to relevant provisions of the Sutherland Development Control Plan 2015” (paragraph [26] of Sydney Building Group). 

Sydney Building Group demonstrates how the provision of detailed expert evidence and strategic design overcame Council concerns of tree removal and vegetation impacts, which is a common obstacle faced by Applicants seeking development consent including removal of trees. 

Author: Dennis Loether

This publication is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.

Image courtesy of Couvaras Architects