Beanland v Van Gervan [2008] NSWLEC 33

Land and Environment Court of New South Wales

CITATION : Beanland v Van Gervan [2008] NSWLEC 33

APPLICANT Jim Beanland PARTIES : RESPONDENT Mr S. and Mrs S. Van Gervan

FILE NUMBER(S) : 21139 of 2007

CORAM: Fakes AC

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

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 23/01/2008

EX TEMPORE JUDGMENT DATE : 23 January 2008

APPLICANT Mr J. Beanland, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr S. and Mrs S. Van Gervan, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Fakes AC

23 January 2008

21139 of 2007 Jim Beanland v Mr S. and Mrs S. Van Gervan

JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Jim Beanland of 168 Linden Crescent East Boambee concerning a Eucalyptus microcorys (Tallowwood) located on a property owned by Mr and Mrs Van Gervan at 41 Ibis Drive East Boambee.

2 The tree is wholly located within the respondents' property and is located at the rear of their property approximately 3.5 metres from the boundary fence between them and Mr Beanland.

3 The applicant seeks the removal of the tree as he is concerned that branches falling from the tree will continue to cause damage to his property or could cause injury to himself or visitors. He is also concerned that the entire tree could fail onto his property, particularly an outdoor living area under an extensive patio at the rear of his property. He is most concerned when winds blow from the north as he is to the south of the tree. Mr Beanland supplied photographic evidence of dead and live branches that had fallen from the tree. In a storm in September 2007 a branch landed on his patio roof. This branch was left there as evidence and was viewed at the on site hearing.