McDonnell v Miller and Buchanan [2007] NSWLEC 582

Land and Environment Court of New South Wales

CITATION : McDonnell v Miller and Buchanan [2007] NSWLEC 582

APPLICANT Barry McDonnell PARTIES : RESPONDENT M B Miller and J B Buchanan

FILE NUMBER(S) : 20384 of 2007

CORAM: Brown C - Thyer AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- safety

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 24/08/07

EX TEMPORE JUDGMENT DATE : 24 August 2007

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENT Ms I Pickel, solicitor SOLICITORS Irene E Pickel Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Thyer AC

24 August 2007

20384 of 2007 Barry McDonnell v M B Miller and J B Buchanan

JUDGMENT 1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 by Mr Barry McDonnell of 188 Erith Street Bundanoon concerning 11 Pinus radiata trees located close to the common boundary with 192 - 198 Erith Street Bundanoon owned by M B Miller and J B Buchanan. 2 The extemporaneous decision was given on site on 24 August 2007 and the judgment reflects the findings and the background documentation provided as part of the proceedings.

3 Mr Barry McDonnell's application is to require the removal of the 11 trees as: o branches fall from the trees o the falling branches pose a serious safety risk for people, including his grandchildren, in the driveway area of his property. 4 Alternatively, all overhanging branches are to be cut back and all dead timber is to be removed.