Roodenrys v Moore [2008] NSWLEC 1273

Land and Environment Court of New South Wales

CITATION : Roodenrys v Moore [2008] NSWLEC 1273

APPLICANT Paul and Catherine Roodenrys PARTIES : RESPONDENT Mervyn Moore

FILE NUMBER(S) : 20263 of 2008

CORAM: Thyer AC

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

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 25/06/2008

EX TEMPORE JUDGMENT DATE : 26 June 2008

APPLICANT Mr P. and Mrs C.Roodenrys, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Mr M. Moore, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

25 June 2008

20263 of 2008

Paul and Catherine Roodenrys v Mervyn Moore

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: Mr Moore lives on a heavily vegetated block at 18 Valetta Street, Moss Vale. Among the trees on the property are four large trees situated along the western boundary. Nearest the street is a Pine, the other three trees to the north are Cypresses. He says that these trees have been a favourable feature and one of the reasons his parents purchased the property in 1966. The trees currently provide privacy and shade. Mr Moore's house is at the eastern side of his property, well clear of the four trees but would be beneficially shaded by the trees on summer afternoons. He would prefer to keep the trees as they are, but thinks that if the neighbours are concerned they should prune their side of the boundary and also on his side to keep the trees balanced, at their cost. He claims that he has little income or savings and could not afford to pay for the trees to be removed. He has enquired of Wingecarribee Shire Council, receiving verbal advice that none of the four trees are protected by the Council Tree Preservation Order, and has various papers from the Council that seem to support that advice.