Milton v Seymour [2007] NSWLEC 492

Land and Environment Court of New South Wales

CITATION : Milton v Seymour [2007] NSWLEC 492

APPLICANT Arnold Vincent Milton PARTIES : RESPONDENT Dr John Seymour

FILE NUMBER(S) : 20328 of 2007

CORAM: Bly C - Thyer AC

KEY ISSUES: Trees (Neighbours) :- tree roots, damage, hedge pruning, new shrubs

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 26/07/2007

EX TEMPORE JUDGMENT DATE : 26 July 2007

APPLICANT Mr A. Milton, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr D. Thompson, solicitor of Colin & Thompson

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C & Thyer AC

26 July 2007

20328 of 2007 Milton v Seymour

JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 ("the Act") in relation to an application by Mr A Milton of 101A Northwood Road, Northwood seeking the removal or root pruning of 20 Leyland Cypress trees along the northern boundary of 107 Northwood Road, Northwood so as to avoid any further damage by tree roots to his property. Mr Milton also seeks reimbursement of costs associated with the removal of tree roots from his sewer pipes and the repair/partial replacement of those pipes. The owner of the property at 107 Northwood Road, Dr J Seymour was represented at the hearing by his solicitor Mr D. Thompson.

2 As a result of extensive discussions between the parties and the Commissioners and with the assistance of Mr D. Draper, Mr Milton's arborist, the parties reached an agreement in relation to the Cypress trees that is essentially reflected in the orders to be issued by the Court. These orders require the replacement of a number of these trees with more appropriate shrubs and the pruning and hedging of the remaining trees and the installation of a root barrier. We accept that the recommended Acmena smithii can be planted at 3 m intervals and no closer than 1 m from the boundary and that it will be unlikely that the roots of these shrubs will affect the existing sewerage pipes at 101A Northwood Road. 3 In the alternative, all of the Cypress trees can be retained subject to appropriate pruning and hedging and the installation of an extended root barrier