NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Urquhart v Hayman [2010] NSWLEC 1248
APPLICANT T Urquhart PARTIES : RESPONDENT J Hayman
FILE NUMBER(S) : 20366 of 2010
CORAM: Moore SC - Galwey AC
KEY ISSUES: TREES (NEIGHBOURS) :-
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Hinde v Anderson and anor [2009] NSWLEC 1148
DATES OF HEARING: 20 August 2010
DATE OF JUDGMENT: 7 September 2010
APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Mr C Blackwell, solicitor Kreisson Legal
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE SC GALWEY AC
7 September 2010
10/20366 Urquhart v Hayman
JUDGMENT 1 COMMISSIONERS: This is an application pursuant to Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) concerning the impact of two Canary Island Date Palms (Phoenix canariensis) (the trees) on a wall between two properties in the Sydney suburb of Glebe. The two properties are of the comparatively narrow fronted terrace style and have small rear yards with rear lane access. The two trees are growing in close proximity to each other and have intertwined root balls that have raised the trunks of the trees approximately 600 mm or so above natural ground level. The trunks of the trees are in close proximity to the boundary of the property to the east that being a property owned by the applicant.
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