Yam v Tavakoli [2024] NSWLEC 1781

Land and Environment Court New South Wales

Medium Neutral Citation: Yam v Tavakoli [2024] NSWLEC 1781 Hearing dates: 21 November 2024 Date of orders: 21 November 2024 Decision date: 21 November 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted as per the following orders. (2) Within 7 days of the date of these orders, the respondent is to apply to the relevant authority for any consent required to remove the tree, other than consent required under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977. (3) Subject to obtaining any consent required to remove the tree (other than consent required under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977), the respondent is to engage and pay for suitably insured and qualified (minimum AQF level 3) arborists to remove the tree within 30 days of receiving such consent, leaving a stump no greater than 2 metres above ground level. (4) The works in Order (3) are to be done in accordance with 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 reasonable access required for completion of the works in Order (3) during reasonable hours of the day. (7) The exhibits are retained. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – neighbouring tree – risk of damage and injury – tree removal – threatened species – consent under other acts Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Heritage Act 1977 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 6, 7, 9, 10, 12 Cases Cited: Cavalier v Young [2011] NSWLEC 1080 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Ku-ring-gai Council, "Trees on your property", https://www.krg.nsw.gov.au/Environment/Your-local-environment/Trees/Trees-on-your-property, accessed November 2024 Safe Work Australia, Guide to managing risks of tree trimming and removal work (2016) Category: Principal judgment Parties: Kitty Yam (Applicant) Mina Tavakoli (Respondent) Representation: Counsel: K Yam (Self-represented) (Applicant) M Tavakoli (Self-represented) (Respondent) File Number(s): 2024/347696 Publication restriction: Nil