Lines v Shanks [2009] NSWLEC 1433

Land and Environment Court of New South Wales

CITATION : Lines v Shanks [2009] NSWLEC 1433

APPLICANT Jeffrey Lines PARTIES : RESPONDENT Phillip and Angie Shanks

FILE NUMBER(S) : 20734 of 2009

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- removal of the three trees, risk of injury to people and damage to property.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

Robson v Leischke [2008] LEC 152 CASES CITED: Barker v Kyriakides [2007] NSWLEC 292 Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 16 December 2009

EX TEMPORE JUDGMENT DATE : 16 December 2009

APPLICANT Mr J Lines (litigant in person) LEGAL REPRESENTATIVES:

RESPONDENT Mr P and Mrs A Shanks (litigants in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

16 December 2009

20734 of 2009 Jeffrey Lines v Phillip and Angie Shanks

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Jeffrey Lines of 6 Delasala Drive Macquarie Hills against the owners of three trees growing at 6 Delasala Drive. The owners of that property are Phillip and Angie Shanks.

2 The applicant is seeking the removal of the three trees as he contends that they pose a risk of injury to people and damage to property. In particular Mr Lines is concerned about the proximity to his house of a large eucalypt. He also contends that roots from the trees have blocked and could continue to block his sewer. He is also concerned about the mess from leaves falling onto his property and the potential fire risk that they pose. One of the trees is a Camphor Laurel that the applicant contends should be removed as it is a 'noxious' weed.