Latest news with #LandandEnvironmentCourt
News.com.au
2 days ago
- General
- News.com.au
NSW Land and Environment Court rules on Battiato v Clifton tree dispute
A long-running tussle between neighbours over a pine tree and a crumbling retaining wall has finally ended, with a court ordering both parties to share costs for the fix-up. The brouhaha between Vince and Natalie Battiato of 20 Kanangra Ave and Faye Clifton of 22 Kanangra Ave in the coastal NSW town of Corlette escalated into a legal stoush because of the dilapidated wall that splits the two properties. The wall needed to be fixed and the neighbours could not agree on who should pay. The Battiatos contended that the roots of an old pine tree, which has since been removed, on Ms Clifton's property was the main contributor to the damage to the wall. But Ms Clifton shot back and argued the age of the wall was the central factor underpinning its dilapidation. In their application to the NSW Land and Environment Court, the Battiatos said Ms Clifton should remove all remaining trees on her property to facilitate the reconstruction of the wall and then pay for the fix-up. They also wanted her to bear all court costs. In her submission, Ms Clifton pushed for a 'just and fair outcome to a lengthy ongoing dispute', court documents show. She asked for costs to be shared between the parties for the reconstruction job. Acting Commissioner Peter Nichols AC, settling the dispute, visited the site and concluded age was the primary cause of the wall's dilapidation. But he added the tree had also likely caused some damage. 'The tree has been shown to have exacerbated damage to the section of the retaining wall, thus engaging the court's jurisdiction, however orders made for any compensation are a matter of discretion,' he said. 'Given the nature of the retaining wall, it appears that, in the main, the dilapidation was a function of the age and inappropriate design and construction materials of the retaining wall.' In his decision, handed down this week, Dr Nichols upheld the application from the Battiatos but only 'in part'. He ordered Ms Clifton to remove seven trees from her property, including tree stumps, trunks and roots 'with a diameter of greater than 100mm located within 200mm of the shared property boundary between 20 and 22 Kanangra Ave'. The trees are camellia, lemon and pine trees. But he ordered for the wall reconstruction costs to be split '50-50'. 'Within 365 days of the date of these orders the applicants (Battiatos) and respondent (Ms Clifton) are to arrange and pay for the design and construction of the replacement retaining wall, including obtaining all necessary approvals from Port Stephens Council … sharing the costs 50-50,' he said. The neighbours were ordered to swap quotes beforehand to find the cheapest option from 'suitably qualified and experienced building contractors'. Further, Dr Nichols ordered the parties to construct a new boundary fence on the top of the new retaining wall on the shared property boundary, splitting the costs 50-50. Legislation within the Trees (Disputes Between Neighbours Act) from 2006 and the Dividing Fences Act from 1991 covered the dispute. Port Stephens Council sits north of Newcastle in NSW's Hunter Valley region.
Yahoo
2 days ago
- General
- Yahoo
Neighbour's court battle over tree
A long-running tussle between neighbours over a pine tree and a crumbling retaining wall has finally ended, with a court ordering both parties to share costs for the fix-up. The brouhaha between Vince and Natalie Battiato of 20 Kanangra Ave and Faye Clifton of 22 Kanangra Ave in the coastal NSW town of Corlette escalated into a legal stoush because of the dilapidated wall that splits the two properties. The wall needed to be fixed and the neighbours could not agree on who should pay. The Battiatos contended that the roots of an old pine tree, which has since been removed, on Ms Clifton's property was the main contributor to the damage to the wall. But Ms Clifton shot back and argued the age of the wall was the central factor underpinning its dilapidation. In their application to the NSW Land and Environment Court, the Battiatos said Ms Clifton should remove all remaining trees on her property to facilitate the reconstruction of the wall and then pay for the fix-up. They also wanted her to bear all court costs. In her submission, Ms Clifton pushed for a 'just and fair outcome to a lengthy ongoing dispute', court documents show. She asked for costs to be shared between the parties for the reconstruction job. Acting Commissioner Peter Nichols AC, settling the dispute, visited the site and concluded age was the primary cause of the wall's dilapidation. But he added the tree had also likely caused some damage. 'The tree has been shown to have exacerbated damage to the section of the retaining wall, thus engaging the court's jurisdiction, however orders made for any compensation are a matter of discretion,' he said. 'Given the nature of the retaining wall, it appears that, in the main, the dilapidation was a function of the age and inappropriate design and construction materials of the retaining wall.' In his decision, handed down this week, Dr Nichols upheld the application from the Battiatos but only 'in part'. He ordered Ms Clifton to remove seven trees from her property, including tree stumps, trunks and roots 'with a diameter of greater than 100mm located within 200mm of the shared property boundary between 20 and 22 Kanangra Ave'. The trees are camellia, lemon and pine trees. But he ordered for the wall reconstruction costs to be split '50-50'. 'Within 365 days of the date of these orders the applicants (Battiatos) and respondent (Ms Clifton) are to arrange and pay for the design and construction of the replacement retaining wall, including obtaining all necessary approvals from Port Stephens Council … sharing the costs 50-50,' he said. The neighbours were ordered to swap quotes beforehand to find the cheapest option from 'suitably qualified and experienced building contractors'. Further, Dr Nichols ordered the parties to construct a new boundary fence on the top of the new retaining wall on the shared property boundary, splitting the costs 50-50. Legislation within the Trees (Disputes Between Neighbours Act) from 2006 and the Dividing Fences Act from 1991 covered the dispute. Port Stephens Council sits north of Newcastle in NSW's Hunter Valley region. Corlette lies next to famous Nelson Bay, a popular tourist destination in the region.
Sydney Morning Herald
28-05-2025
- Sydney Morning Herald
ConnectGlobal: Christian pastor from Andrew O'Keefe rehab arrested
Local police were concerned about the number of bail breaches at the facility. The council had also refused to grant it permission to operate as a group home, although the Land and Environment Court partly overturned the council's decision. Andrew O'Keefe meeting Pastor Ross Pene as he checks into rehab at Connect Global. In early January, an alleged drug importer Hussein Chamas allegedly fled the centre. He was arrested soon after by Australian Federal Police on a $200,000 yacht off the Northern Territory, on his way to freedom in Indonesia. Loading The rehab shared the site with private cabins, often rented to single parents desperate for accommodation amid the region's housing shortage. Between 2017 and 2020, some of the cabins were also used as emergency accommodation for children in state care. Connect Global's board decided in late January to begin winding up the charity in the wake of the Herald's exposé, which prompted an urgent and yet-to-be finalised review by the NSW attorney-general. The charity is in administration and its charity status has also been revoked. Pene, 68, a Harley-riding New Zealand-born pastor, established Connect Global in 2013. He has worked with addicts around Newcastle for decades; the Connect Global website described him as a visionary. Pene had also performed weddings, funerals, christenings and 'spiritual stuff' for bikies and has entertained the Finks and Bandidos for afternoon tea, he told a court last year. The former Fisherman's Village tourist resort in Port Stephens was used as a rehab centre by Connect Global. Connect Global, a registered charity, purported to be heavily Christian; the intake agreement said all church-related activities, particularly the Sunday service, were mandatory. For years, judges have allowed defendants to be sent there despite council's refusal to grant permission, often on the strength of Pene's testimony in court; one described being 'extremely impressed' by the program and the pastor's 'obvious commitment to it'. Loading Pene was arrested at the Swan Bay site, where he was still living, on Wednesday, and taken to Raymond Terrace Police Station. He was charged with five counts of 'do act etc intending' to pervert the course of justice relating to five patients. He pleaded not guilty in Raymond Terrace Local Court on Wednesday afternoon, where he was granted bail. Start the day with a summary of the day's most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.
The Age
22-04-2025
- The Age
Sydney's tree police ready to flex muscle on vandals
That means, under the proposal, a corporation that illegally poisons 12 trees at a large development site would be fined up to $216,000 – that's $18,000 a tree. To crack down on those who poison trees as a loophole to easily develop land with dead vegetation, the government proposes to change the requirements of planning certificates to include any instances of proven illegal tree clearing. While not included in this round of planned reforms, the state government has also flagged potential changes to lower the burden of proof needed for councils to prosecute tree vandals, and in extreme cases the Department of Planning will consider if jail terms are appropriate. Councils can pursue a potential maximum fine of $1 million for individuals and $5 million for corporations in the Land and Environment Court; however, these instances are rare. Inner West Council is gathering information and hopes to secure a prosecution for the destruction of four magenta lilly-pillies at Allman Park last December. Loading A man was snapped drilling a hole into the tree and carrying a petrol can – appearing to be destroying the trees in a practice that has him nicknamed by arborists as 'the Makita borer' pest. The Herald has chosen to obscure his identity for legal reasons. Locals say trees in the same park have been destroyed in the past, including a large gum nicknamed Bluey. Councillor Jo Carlisle said the impacted trees would be replaced. 'Council staff are preparing a brief of evidence for potential prosecution through the courts and are seeking legal advice on whether the costs of removal and replacement can be included in any potential prosecution,' she said. In Castle Cove on the lower north shore, a 'barren wasteland' remains where there were once more than 250 thriving trees, including an 80-year-old angophora, but there is little hope that those responsible will be held to account, Willoughby Mayor Tanya Taylor said. Loading Taylor said while this incident was the most extreme, her council area is experiencing a problem with home owners destroying trees in their backyards and on verges. In Waverley Council there have been three reports of tree vandalism since November last year. In a recent case at Tamarama, a cluster of 30-year-old palm trees was poisoned on a private property. Waverley Mayor Will Nemesh said the council was limited by enforcement mechanisms. Minister for Planning Paul Scully said the proposed changes would better protect the existing tree canopy, especially as the state government's housing reforms lead to increased density in urban areas. The government is also releasing the Cooler Places hub – a resource where town planners, developers and councils can get advice on how to incorporate cooling measures, including trees and shrubs, into their homes and developments. 'NSW records some of the hottest temperatures on the planet and we need to minimise the impacts of urban heat and build climate resilience. Tackling illegal tree clearing is an essential part of this,' Environment and Climate Change Minister Penny Sharpe said. The consultation period for the proposed changes is open until June 4.
Sydney Morning Herald
22-04-2025
- Sydney Morning Herald
Sydney's tree police ready to flex muscle on vandals
That means, under the proposal, a corporation that illegally poisons 12 trees at a large development site would be fined up to $216,000 – that's $18,000 a tree. To crack down on those who poison trees as a loophole to easily develop land with dead vegetation, the government proposes to change the requirements of planning certificates to include any instances of proven illegal tree clearing. While not included in this round of planned reforms, the state government has also flagged potential changes to lower the burden of proof needed for councils to prosecute tree vandals, and in extreme cases the Department of Planning will consider if jail terms are appropriate. Councils can pursue a potential maximum fine of $1 million for individuals and $5 million for corporations in the Land and Environment Court; however, these instances are rare. Inner West Council is gathering information and hopes to secure a prosecution for the destruction of four magenta lilly-pillies at Allman Park last December. Loading A man was snapped drilling a hole into the tree and carrying a petrol can – appearing to be destroying the trees in a practice that has him nicknamed by arborists as 'the Makita borer' pest. The Herald has chosen to obscure his identity for legal reasons. Locals say trees in the same park have been destroyed in the past, including a large gum nicknamed Bluey. Councillor Jo Carlisle said the impacted trees would be replaced. 'Council staff are preparing a brief of evidence for potential prosecution through the courts and are seeking legal advice on whether the costs of removal and replacement can be included in any potential prosecution,' she said. In Castle Cove on the lower north shore, a 'barren wasteland' remains where there were once more than 250 thriving trees, including an 80-year-old angophora, but there is little hope that those responsible will be held to account, Willoughby Mayor Tanya Taylor said. Loading Taylor said while this incident was the most extreme, her council area is experiencing a problem with home owners destroying trees in their backyards and on verges. In Waverley Council there have been three reports of tree vandalism since November last year. In a recent case at Tamarama, a cluster of 30-year-old palm trees was poisoned on a private property. Waverley Mayor Will Nemesh said the council was limited by enforcement mechanisms. Minister for Planning Paul Scully said the proposed changes would better protect the existing tree canopy, especially as the state government's housing reforms lead to increased density in urban areas. The government is also releasing the Cooler Places hub – a resource where town planners, developers and councils can get advice on how to incorporate cooling measures, including trees and shrubs, into their homes and developments. 'NSW records some of the hottest temperatures on the planet and we need to minimise the impacts of urban heat and build climate resilience. Tackling illegal tree clearing is an essential part of this,' Environment and Climate Change Minister Penny Sharpe said. The consultation period for the proposed changes is open until June 4.
