Authorities knock back homes to avoid tree ''massacres" under new laws

By Nicole HashamNov. 3, 2014, 1:49 a.m.

A court has rejected the home-building plans of a north shore property owner due to controversial new bushfire laws that allow unfettered tree clearing around properties, in a ruling that has ramifications for development throughout NSW.

A court has rejected the home-building plans of a north shore land owner due to controversial new bushfire laws that allow unfettered tree clearing around properties, in a ruling that has ramifications for development throughout NSW.

Critics say the laws, introduced in August after the Blue Mountains bushfires destroyed more than 200 properties last year, are ill-considered and are being used to clear land for development or improve views. The government says the rules help protect homes.

The so called "10/50" measures,which are under review, allow home owners near some bushfire-prone areas to clear without approval trees within 10 metres or shrubs within 50 metres of a home.

The NSW Land and Environment Court hasrejected a proposal for a two-storey home on a bushy block at Beecroft because the laws would allow the owner to uproot more than half a critically endangered blue gum forest nearby.

Parts of the site had already been cleared and a driveway built.Hornsby Council had previously knocked back the proposal, arguing the forest should be protected.

Last week, Gosford City Council rejected plans to subdivide about five hectares of land at Avoca Beach for residential development because important ridge-top vegetation could be ripped up under the new laws. It said while the proposal had merit, the 10/50 policy had created "uncertainty" and would overrule conditions imposed by the council.

Tweed Shire Council has also warned the laws may limit development that might otherwise be approved.

It blamed the state government policy for an incident at Fingal Head in August when a landowner cleared a swathof rare littoral rainforest. The move, although lawful, was reportedly decried as a "massacre" by outraged neighbours.

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Authorities knock back homes to avoid tree ''massacres" under new laws