The Court held that land zoned C4 Environmental Living under the Ku-ring-gai LEP 2015 has the substantial character of a designated residential zone for the purposes of s 4(1)(a) of the Trees Act, based on the similarity of objectives between the C4 zone and the R5 Large Lot Residential zone. The Court found that a 15-tree Mediterranean cypress hedge severely obstructed the applicant's principal view corridor and ordered removal of the hedge, with any replacement hedge limited to 4.5 metres in height. The Court determined that severe pruning of Cupressus sempervirens was unsuitable due to the species' inability to reshoot from the main stem, making removal and replacement with a shorter species the appropriate remedy.
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