Ludevig & Cramer v Howard [2008] NSWLEC 1340

Land and Environment Court of New South Wales

CITATION : Ludevig & Cramer v Howard [2008] NSWLEC 1340

APPLICANT Sabine Ludevig and Daniel Cramer PARTIES : RESPONDENT Robyn and Ken Howard

FILE NUMBER(S) : 20671 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Removal of tree, damage to property, risk of injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 12/08/2008

EX TEMPORE JUDGMENT DATE : 12 August 2008

APPLICANT Ms S Ludevig and Mr D Cramer, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Mrs R Howard and Mr K Howard, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

12 August 2008

20671 of 2008

Sabine Ludevig & Daniel Cramer v Robyn & Ken Howard

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: Mariana Close is situated in a rocky, damp gully at the eastern edge of St Ives. There is a large natural rock overhang at the end of the street where the water drip keeps moss and ferns green. The view is dominated by remnant forest trees and native bushland. Although significant engineering has been necessary to construct houses in this landscape, those houses are well screened by the trunks and canopies of the trees.

2 The Howards bought their property at 4 Mariana Close more than 40 years ago with the driveway graded and compacted on the uphill side of a large Blackbutt tree (Eucalyptus pilularis). They had the driveway and carparking area concreted in about 1973, the edge of the concrete being within about 0.3 m of the trunk of the tree. The Angophora (Sydney Red Gum, Angophora costata) growing a few meters down slope of the Blackbutt is thought to be at least 30 years old.