Clarke v Goff [2021] NSWLEC 1672

Land and Environment Court New South Wales

Medium Neutral Citation: Clarke v Goff [2021] NSWLEC 1672 Hearing dates: 1 November 2021 Date of orders: 1 November 2021 Decision date: 01 November 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) Within 60 days of the date of these orders, the respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF Level 3) with all appropriate insurances to remove the jacaranda tree in the front yard of their property. (2) The works in (1) must be carried out in accordance with the 2016 Safe Work Australia Guide to managing risks of tree trimming and removal work. (3) The respondents are to give the applicant at least one week's notice of the works in (1). (4) Within 90 days of the date of these orders, the respondents are to plant in their front courtyard a replacement tree of a species that will reach a height of at least 6 metres and a crown spread of at least 4 metres at maturity. (5) The exhibits are returned other than A and B. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – damage to property – Council refused consent for tree removal – consent orders – order for replacement planting Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: Breen v Caronna [2008] NSWLEC 293 Fang v Li [2017] NSWLEC 1503 Texts Cited: City of Sydney Urban Forest Strategy (2013) Safe Work Australia, Guide to managing risks of tree trimming and removal work (2016) Category: Principal judgment Parties: Herbert Clarke (Applicant) John William Goff (First Respondent) Rodney Bede Goff (Second Respondent) Carolyn Maree Dodd (Third Respondent) Representation: Counsel: S Sher (Solicitor) (Applicant) L Sims (Respondents)