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Lawyers for local government

LG Alert: Hargraves & Anor v City of Holdfast Bay [2018] SAERDC 41 – the distance between a tree and a swimming pool (October 15th, 2018)

In September 2018 the ERD Court handed down its decision in Hargraves & Anor v City of Holdfast Bay [2018] SAERDC 41, an appeal against the Council’s decision to refuse to approve the removal of a regulated tree. The appeal concerned the measurement between the trunk and the swimming pool. Critical to the Court’s decision was what should be included as part of a ‘tree trunk’ and what should be included as part of a swimming pool structure.

This paper provides an overview of the decision, the findings of the Court and how this impacts on the interpretation of regulation 6A of the Development Regulations 2008.

Click here to read the article.