Ta v The Owners of Strata Plan 77175 [2024] NSWLEC 1566

Land and Environment Court New South Wales

Medium Neutral Citation: Ta v The Owners of Strata Plan 77175 [2024] NSWLEC 1566 Hearing dates: 5 June 2024 Date of orders: 16 September 2024 Decision date: 16 September 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The application is granted, in part. The Court orders that: (1) The respondent, at its expense, shall engage Australian Qualification Framework (AQF) level 3 arborists, with all appropriate insurances (the arborists), to complete the following works within 60 days of the date of these orders: (a) Prune 2 large low dead branches from T1 overhanging the adjacent footpath and respondent's driveway. Prune 1 long dead branch and 1 long damaged twisted live branch extending over the applicant's Ausgrid cable from low on T1, to the branch collar. (b) Prune 3 large dead branches and the 3 lowest live branches extending over the applicant's Ausgrid cable from low on T3, to the branch collar. (c) Prune all deadwood larger than 20mm diameter at the branch collar from areas of the canopies of T4 and T5 which overhang the applicant's dwelling. (d) Replace the damaged top fence rail about 5.8 m long on the common boundary timber fence and replace damaged palings or fence capping along this fence section, as required. (2) In 2025, and in each subsequent year, during the month in which the works in Order (1)(c) were completed, the respondent, at its expense, shall have arborists who meet the requirements of Order (1), prune all deadwood larger than 20mm diameter at the branch collar from areas of the canopies of T4 and T5 which overhang the applicant's dwelling. (3) All tree works shall comply with Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016, and all pruning shall also comply with the guidelines of AS 4373:2007, Pruning of amenity trees. (4) The applicant shall allow access to his property for undertaking any of the works, upon receipt of at least 72 hours' notice from the respondent, by email. (5) All works shall be completed during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –damage to dwelling roof and fence – claim of tree risk – s 12 considerations – trees make significant ecosystem and biodiversity contributions Legislation Cited: Environmental Planning and Assessment Act 1979 Limitation Act 1969, s 14 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 6, 7, 8, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Black v Johnson (No 2) [2007] NSWLEC 513 Granger v Owners Corporation SP 18494 [2012] NSWLEC 1285 McPherson v Lake [2017] NSWLEC 1081 Reuben v Lace [2010] NSWLEC 1024 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Ku-ring-gai Development Control Plan 2024 Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, July 2016 Standards Australia, AS 4373:2007 Pruning of amenity trees, March 2007 Category: Principal judgment Parties: Guy Ta (Applicant) The Owners of Strata Plan 77175 (Respondent) Representation: G Ta (Self-represented) (Applicant) R Donaldson (Agent) (Respondent) File Number(s): 2024/134658 Publication restriction: Nil