A Sydney developer who failed to conduct proper checks before trees were illegally chopped down from a construction site, has been handed a $36,000 fine.
The developer was convicted in Bankstown Local Court after admitting the trees were illegally removed from a Padstow Heights property between March and April 2024.
City of Canterbury Bankstown Council inspectors identified the illegal tree removal after reports from community members.
The native Australian weeping lilly pilly, two evergreens and one magnolia tree were removed without consent from the site the developer was responsible for. Council inspectors also discovered a Eucalyptus tree had also been illegally pruned without consent.
Initially, six penalty infringement notices were handed to the developer, however instead of paying the fines he elected to take the matter to court, the Council said in a statement.
“Once in court, the developer said he made a mistake taking the matter to court, and that he was told by an architect that permission had been granted to remove the trees. After being presented with all the facts, the court was told the developer accepted full responsibility,” Council stated.
“It is illegal for developers to cut down, fell, uproot, poison, ringbark, burn, destroy, lop, or remove a substantial part of specified trees without obtaining a permit from Council.”
Magistrate, Glenn Walsh said the developer’s breaches of the NSW Environmental Planning and Assessment Act were not insignificant and he issued a $36,000 fine, ordering half the money ($18,000) to go to Council.
Mayor, Bilal El-Hayek said excuses are not good enough and developers should know better.
“This case should be a good reminder to developers, builders and property owners of their legal obligation to protect trees on development sites or risk facing enforcement action,” he said.
“Trees are vital community assets – they cool our suburbs, support wildlife and make our City more liveable. Council will not tolerate illegal tree removal or damage, whether on public or private land.
“Developers and builders must always ensure they understand and comply with all consent conditions.”
Council says it will replace the illegally removed trees.
