Aldridge & anor v Pymble Golf Club [2008] NSWLEC 1467

Land and Environment Court of New South Wales

CITATION : Aldridge & anor v Pymble Golf Club [2008] NSWLEC 1467

APPLICANTS Gavin & Sue Aldridge PARTIES : RESPONDENT Pymble Golf Club

FILE NUMBER(S) : 20812 of 2008

CORAM: Moore C - Thyer AC

KEY ISSUES: Trees (Neighbours) :- Likely in the near future

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 20 October 2008

EX TEMPORE JUDGMENT DATE : 20 October 2008

APPLICANTS First applicant in person LEGAL REPRESENTATIVES: RESPONDENT Mr P English, solicitor Surry Partners

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

20 October 2008

20812 of 2008 Gavin & Sue Aldridge v Pymble Golf Club

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONERS: Several hundred metres north of the clubhouse, along a fairway boundary, Pymble Golf Club have planted a number of new trees as part of the club's landscaping plan. The trees which have been planted adjacent to the Aldridges' property are a number of Evergreen Ash trees and a number of Dawn Redwoods. A row of these trees with staggered spacings have been planted so that some of the trees are within 1 m or so of the boundary between the golf course and the Aldridges' property whilst others are some 4 m or so from the boundary. Mr and Mrs Aldridge have applied for orders seeking the removal of all of the trees, of both species, within 3 m or so of the fence between the golf course and their property.