Le v Conservator of Flora & Fauna (Administrative Review)

The applicant, Le, sought review of a decision made by the Conservator of Flora and Fauna under the Tree Protection Act 2005. The Conservator had decided to confirm the first decision with respect to trees 1-3 and tree 5, and to vary the decision with respect to tree 4 to approve its felling/removal. The applicant argued that the Conservator's decision was unreasonable as it did not take into account all the relevant criteria under the Act for approving the removal of a regulated tree. The legal issues before the tribunal were whether the Conservator's decision was unreasonable and whether the Conservator had failed to take into account all the relevant criteria under the Act in approving the removal of tree 4.

The tribunal found that the Conservator had considered all the relevant criteria under the Act in making the decision to approve the removal of tree 4. The tribunal noted that the Conservator had provided a statement of reasons for the reviewable decision, which included an assessment of the tree's condition, the risk it posed to public or private safety, and the potential impact of its removal on solar access to neighbouring properties. The tribunal also found that the Conservator had taken into account the advice of an entity to which the application was referred under section 24A of the Act. The tribunal concluded that the Conservator's decision was not unreasonable and that the applicant had not demonstrated that the Conservator had failed to take into account all the relevant criteria under the Act.

The tribunal dismissed the application for review. The tribunal confirmed the Conservator's decision to refuse permission for the removal of trees 1, 2, 3 and 5, and to approve the removal of tree 4. The applicant was ordered to pay the Conservator's costs of the review.