A great day for trees 17.11.2011

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Here’s the link to the Land and Environment Court judgement if you dare. Thanks to Luisa on facebook for posting it so quickly.

Some of my favourite quotes so far – taken entirely out of context and with emphasis added -are these:

‘The applicant submits that if the insurer goes off risk, it is the council’s own fault in refusing to accept the insurer’s offer to pay for the testing.”The statutory duty to “consider” means to give “proper, genuine and realistic consideration”…’

‘…the extent of the public interest in the lawfulness of the council’s proposed removal of these much loved treesis considerable…’‘If the trees are destroyed they cannot be restored. They are over 70 years old, iconic and much loved by many. The planting of replacement trees is unlikely to restore the area to its former position for decades.

‘…if after 25 November 2011 the Mayor’s motion were to be considered, even if it were to be defeated, or if the Premier’s offer were otherwise to be considered, that would dispose of the bulk or all of the proceedings including the claim for injunctive relief.’

‘Finally, the respondents submit that relief should be refused on discretionary grounds because (a) officers of the applicant were engaged in acts of civil disobedience by breaching exclusion zones and perimeter fencing…In a democracy, the Court should be slow to countenance refusing interlocutory relief to which an applicant is otherwise entitled because it engaged in peaceful protest in a context where a respondent arguably was behaving unlawfully in its administrative decision – making.’

And in case you missed it: ‘The planting of replacement trees is unlikely to restore the area to its former position for decades.

And since for every action there is an opposite reaction, it wasn’t all good news in tree news today: there was a palm tree removed from its own little cutely-designed hole in the ceiling from the fire station in Union Street this morning. Presumably I can’t blame Newcastle City Council for that.

And Sydney Cricket Ground is ‘upgrading’ its forecourt and in the process is going to fell – you guessed it – some fig trees and plant – you guessed it again – a more appropriate species. Let’s take some bets: pear trees? Liquidambars? Magnolias? Tuckeroos? Plane trees? Water gums? They all have their fans and detractors.

I suppose at least we can be glad that the SCG didn’t play the danger card. They blame infrastructure damage…Surprise, surprise. Maybe people are learning. Home

This tree was removed today

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One Response to “A great day for trees 17.11.2011”

  1. Hilary Evans Says:

    Great news! Our thoughts are very much with you all as are our continuing hopes.. Love from South Wales and UK

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