Wilson v Clean Investments Pty Ltd

[2026] NSWLEC 1035

NSW Land and Environment Court

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Interrogate

Catchwords

1. Trees (Disputes Between Neighbours)
2. › Jurisdiction
3. › Zoning of land
4. › Whether zone has substantial character of designated zone
5. › C3 Environmental Management zone compared with R5 Large Lot Residential zone
6. › Zone objectives and permissible uses as informing zone purpose
7. › Trees (Disputes Between Neighbours) Act 2006 (NSW), s 4(1)(a)
1. Trees (Disputes Between Neighbours)
2. › Statutory interpretation
3. › Section 4(1)(a) second arm
4. › Whether 'having the substantial character of a zone so designated' refers to the zone or the land
5. › Trees (Disputes Between Neighbours) Act 2006 (NSW), s 4(1)(a)
1. Trees (Disputes Between Neighbours)
2. › Part 2 application
3. › Damage to property
4. › Whether trees have caused or are likely to cause damage to dividing fence
5. › Whether tree likely to fall in near future
6. › Trees (Disputes Between Neighbours) Act 2006 (NSW), ss 9, 10, 12
1. Trees (Disputes Between Neighbours)
2. › Part 2A application
3. › Severe obstruction of sunlight
4. › Whether trees severely obstructing sunlight to windows of dwelling
5. › Whether trees should be pruned or removed
6. › Trees (Disputes Between Neighbours) Act 2006 (NSW), ss 14A, 14B, 14D, 14E, 14F

Quick Take

Zone C3 Environmental Management under the Wingecarribee LEP 2010 does not have the substantial character of a designated zone under s 4(1)(a) of the Trees Act, but the same zone under other LEPs (such as the Sutherland Shire LEP) may qualify depending on the specific planning controls, particularly minimum lot sizes and development restrictions.