Richards v Sharp [2022] NSWLEC 1164

Land and Environment Court New South Wales

Medium Neutral Citation: Richards v Sharp [2022] NSWLEC 1164 Hearing dates: 25 March 2022 Date of orders: 25 March 2022 Decision date: 25 March 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The Respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurance to prune the tuckeroo within 60 days of the date of these orders so as to provide at least 800 mm direct clearance between any part of the tuckeroo and any part of the Applicant's dwelling. The works are to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work' and AS 4373 'Pruning of amenity trees'. (2) The Respondents are to provide the Applicant with at least 2 days' notice of the works. (3) The Applicant is to provide any access required to complete the works during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage or injury caused by trees – a tree is likely to damage the applicant's property – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 10 Texts Cited: AS 4373–2007 Pruning of amenity trees, Standards Australia 2007 Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016 Category: Principal judgment Parties: Dean Richards (Applicant) Anne Sharp (First Respondent) John Sharp (Second Respondent) Representation: D Richards (Self-represented) (Applicant) A Sharp (Self-represented) (First Respondent) J Sharp (Self-represented) (Second Respondent) File Number(s): 2022/15769 Publication restriction: No