McDonald v Ryan [2008] NSWLEC 1194

Land and Environment Court of New South Wales

CITATION : McDonald v Ryan [2008] NSWLEC 1194

APPLICANT John McDonald PARTIES : RESPONDENT Terry and Joanne Ryan

FILE NUMBER(S) : 20125 of 2008

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) :- Lopping of trees, damage to property or injury to person

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 09/05/2008

EX TEMPORE JUDGMENT DATE : 9 May 2008

APPLICANT John McDonald, litigant in person LEGAL REPRESENTATIVES: RESPONDENT Terry and Joanne Ryan, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

9 May 2008

20125 of 2008 John McDonald v Terry and Joanne Ryan

JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr John McDonald of 14b Holly Road Burradoo concerning six poplars located along the driveway of 12 Holly Road Burradoo, a property owned by Mr and Mrs Ryan.

2 The applicant is concerned that the trees will get larger and overhanging branches will fall onto his house thus causing damage to his property and or injury to persons. He seeks the lopping of the trees to approximately 10 m in height.

3 The respondents do not want anything to happen to the tress as they value the amenity they provide.

4 The trees are six poplars in a row of poplars (possibly Populus deltoides or another of the broader-growing species) located on the western side of a long driveway from Holly Road to the respondents' property. They are mature specimens of approximately 20 m in height. They are growing between the unpaved driveway and a drainage easement that adjoins the applicant's property. The drainage easement is a vegetated/ grassed swale drain to which the council has access but is located on the respondents' land. The drain appeared to be stable with no signs of erosion or destabilisation despite it reportedly running with water in wet conditions.