Turner v Bennett [2008] NSWLEC 1364

Land and Environment Court of New South Wales

CITATION : Turner v Bennett [2008] NSWLEC 1364

APPLICANT Lisa Turner PARTIES : RESPONDENT David and Marie Bennett

FILE NUMBER(S) : 20328 of 2008

CORAM: Thyer AC

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

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592 Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 01/09/2008

EX TEMPORE JUDGMENT DATE : 1 September 2008

APPLICANT Lisa Turner LEGAL REPRESENTATIVES:

RESPONDENT David and Marie Bennett

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

1 September 2008

20328 of 2008 Lisa Turner v David and Marie Bennett

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: Mr and Mrs Bennett purchased their South Coast holiday home about 30 years ago. It is in Manyana, a small village set in the coastal forest near Lake Conjola. They were captivated with the leafy village atmosphere, abundant wildlife and tranquillity. Mr Bennett says the gum tree in their backyard was there when they purchased, and its size has not changed much since then. They have not actively managed the tree in any way, and have not had it inspected at any time by an arborist. Branches of the tree overhang Ms Turner's property by about 7 m and about one quarter of the tree canopy is over her property. The Bennetts claim that the tree had never been an issue to the three previous owners of Ms Turner's property, and one of those owners extended the house under the tree canopy.