Venaline Pty Ltd v Sunderland [2009] NSWLEC 1301

Land and Environment Court of New South Wales

CITATION : Venaline Pty Ltd v Sunderland [2009] NSWLEC 1301

APPLICANT Venaline Pty Ltd PARTIES : RESPONDENTS R Sunderland

FILE NUMBER(S) : 20265 of 2009

CORAM: Moore SC - Dixon C - Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 5 August 2009

EX TEMPORE JUDGMENT DATE : 5 August 2009

APPLICANT Mr T O'Brien, agent LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC DIXON C THYER AC

5 August 2009

20265 of 2009 Venaline Pty Ltd v Sunderland

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONERS: On 25 Atkins Street, Rydalmere grows a large Hills Fig (the fig) about 1 m from the rear boundary of the property. The fig is some 20 to 25 m in height and has a canopy spread of a similar size. There is an extensive root system able to be seen on the ground in the vicinity of the fig on the property where it is located, on the property immediately to the north and on the property to the east that is owned by the applicant in these proceedings.

2 It is important to note, for the conclusions we have subsequently reached, that the respondents do not oppose removal of the tree and have, in the past, sought and been refused permission by the local council for this purpose.