Fancourt v Welsh [2007] NSWLEC 813

Land and Environment Court of New South Wales

CITATION : Fancourt v Welsh [2007] NSWLEC 813

APPLICANT Geoffrey Fancourt PARTIES : RESPONDENT P. G. Welsh

FILE NUMBER(S) : 20819 of 2007

CORAM: Murrell C - Fakes AC

KEY ISSUES: Trees (Neighbours) :- application for removal of trees

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 30/11/2007

EX TEMPORE JUDGMENT DATE : 30 November 2007

APPLICANT Mr G. Fancourt, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT P. G. Welsh, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C Fakes AC

30 November 2007

20819 of 2007 Fancourt, G. v Welsh, P.G

JUDGMENT 1 This is an application pursuant to s7 of The Trees (Disputes Between Neighbours) Act 2006. An application has been made by Mr Fancourt of 6 Fairway Drive Bowral concerning four (4) Pinus radiata (Radiata Pine) trees owned by Mr Welsh of 24 Centennial Road Bowral. The applicant seeks the removal of the four trees as he contends that the trees are a risk to life and property.

2 The owner of the trees wishes the trees to remain and contends that he has taken steps to abate any potential risk.

3 The trees are four Pinus radiata located approximately 2.8 m from the property boundary and 4 m from 2 sheds on the applicant's property. Some branches do overhang these sheds. The trees are approximately 90 years old and are reaching the end of their useful life however under s12 of the Act a number of matters must be considered.