Aaron v Haynes [2007] NSWLEC 294

Land and Environment Court of New South Wales

CITATION : Aaron v Haynes [2007] NSWLEC 294

APPLICANT Louise Aaron

PARTIES : RESPONDENT John & Janys Haynes

INTERVENOR Blue Mountains City Council

FILE NUMBER(S) : 20136 of 2007

CORAM: Moore C - Hussey C - Fakes AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Applicability of Act to Living Bushland Conservation Zone under the Blue Mountains Local Environmental Plan

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006 Blue Mountains Local Environmental Plan

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 25 May 2007

EX TEMPORE JUDGMENT DATE : 25 May 2007

LEGAL REPRESENTATIVES:

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C HUSSEY C FAKES AC

25 May 2007

07/20136 Louise Aaron v John & Janys Haynes

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act).

2. The application has been lodged by Ms Louise Aaron, the owner and occupant of 98 Evans Lookout Road, Blackheath.

3. The application concerns a mature Pine tree (Pinus radiata) located on the adjacent property immediately to the south at 96 Evans Lookout Road. This property is owned by Mr and Mrs Haynes.

4. The application is put on two bases with the first relating to damage to Ms Aaron's property and the second to risk of injury to Ms Aaron. There is no claim made for compensation as part of the application.