The Owners – Strata Plan No 17467 v The Owners – Strata Plan No 22319 [2024] NSWLEC 1596

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 17467 v The Owners – Strata Plan No 22319 [2024] NSWLEC 1596 Hearing dates: 24 June 2024 Date of orders: 25 September 2024 Decision date: 25 September 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application to remove trees and repair property is refused. (2) The application is granted only to the extent of the following orders. (3) The respondent is to engage and pay for suitably insured and qualified (minimum AQF level 3) arborists to carry out the following works within 60 days of the date of these orders: (a) prune T2 to remove low, overextended branches to the west and northwest over the applicant's property. (4) The works in Order (3) are to be done in accordance with AS 4373-2007 'Pruning of amenity trees' and the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (5) The respondent is to give the applicant 7 days notice of the works in Order (3). (6) The applicant is to allow all access required for completion of the works in Order (3) during reasonable hours of the day. (7) The exhibits are returned other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –application seeks orders by consent – whether the Court can and should make the consent orders – damage caused by neighbouring trees – risk of damage and injury – whether tree removal is required to repair damage and to prevent further damage or prevent injury – whether orders can be made to repair property on the respondent's land – orders for tree pruning Legislation Cited: Environmental Planning and Assessment Act 1979 Heritage Act 1977 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: Breen v Caronna [2008] NSWLEC 293 McDonnell v Harrison [2012] NSWLEC 1291 Yang v Scerri [2007] NSWLEC 592 Texts Cited: North Sydney Development Control Plan 2013 Safe Work Australia, Guide to managing risks of tree trimming and removal work, July 2016 Standards Australia, AS4373-2007 Pruning of amenity trees, March 2007 Category: Principal judgment Parties: The Owners – Strata Plan No 17467 (Applicant) The Owners – Strata Plan No 22319 (Respondent) Representation: Counsel: L Spry (Agent) (Applicant) D Roberts (Agent) (Respondent) File Number(s): 2024/122586 Publication restriction: Nil