Langley v Little [2007] NSWLEC 784

Land and Environment Court of New South Wales

CITATION : Langley v Little [2007] NSWLEC 784

APPLICANT B and J Langley PARTIES : RESPONDENT R and A Little

FILE NUMBER(S) : 20771 of 2007

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- removal of trees, damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 19/11/2007

DATE OF JUDGMENT: 26 November 2007

APPLICANT B and J Langley, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT R and A Little, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

26 November 2007

20771 of 2007 B and J Langley v R and A Little

JUDGMENT This decision was given in chambers. 1 Acting Commissioner: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning 16 trees (the trees) situated on 82 Hibbard Drive (the property). The property is owned by Ronald and Adele Little.

2 The trees are: 8 x Cocos palms (Arecastrum romanzoffianum) 1 x dead Fig tree 3 x Fig trees (possibly Ficus benjamina ) 4 x Cypress trees. ( Cupressus sp ) 3 I note that additional fig trees were mentioned in the Arborist's report, and that these were located on the property beside the driveway of 80A Hibbard Drive. I am advised and have observed that those trees have been removed.

4 The application has been made by Brian and Judy Langley, owners of 80A Hibbard Drive, the adjoining property to the east of the trees. 5 The application seeks orders from the Court that the trees be removed and that 27 sq m of damaged driveway be replaced at a cost of $3,476 to the Littles.