Lovering v Bromage [2023] NSWLEC 1029

Land and Environment Court New South Wales

Medium Neutral Citation: Lovering v Bromage [2023] NSWLEC 1029 Hearing dates: 27 October 2022 Date of orders: 24 January 2023 Decision date: 24 January 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) The application is granted, in part. (2) Within 45 days of the date of these orders, the Respondent, at her expense, shall remove Tree 1 and Tree 2, including stump grinding to approximately 300mm below ground level. (3) Within 45 days of the date of these orders, the Respondent, at her expense, shall prune Tree 3, to remove all dead branches in excess of 20mm diameter at the branch collar, plus one particularly overextended live branch, growing over the properties of the Applicant and the Applicant's west side neighbour. (4) All works in Orders 2 and 3 shall be completed by AQF level 3 arborists with all appropriate insurances, and all pruning shall conform with the guidelines of AS 4373:2007 Pruning of amenity trees. (5) All works shall comply with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work 2016. (6) Upon completion of the works specified in Orders 2 and 3, the Applicant shall pay the Respondent an amount equivalent to 35% of the total cost of the works, within 14 days of receipt of a paid itemised invoice. (7) Should access be required into the Applicant's property to undertake these works, or for removal of refuse, all reasonable access shall be granted, subject to 72 hours written notice to the Applicant's Agent, and to the Applicant's tenant. (8) All works are to be completed during normal work hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –trees causing damage to roof and retaining wall – are there viable alternatives to tree removal – do benefits from trees exceed the imperative to remove them Legislation Cited: Environmental Planning and Assessment Act 1979 Trees (Disputes Between Neighbours) Act 2006 ss 6, 7, 10, 12, Pt 2 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 Gardiner v Bisley [2021] NSWLEC 1176 Hodgson v Woodward [2009] NSWLEC 1283 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Stevens v Russell [2016] NSWLEC 1233 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016. AS4373:2007 Pruning of amenity trees. Category: Principal judgment Parties: Robert Lovering (Applicant) Beverley Anne Bromage (Respondent) Representation: Counsel: K Knezevic (Agent) (Applicant) B Bromage (Self-represented) (Respondent)