Chesher v Robson [2007] NSWLEC 594

Land and Environment Court of New South Wales

CITATION : Chesher v Robson [2007] NSWLEC 594

APPLICANT Robert Chesher PARTIES : RESPONDENT Carol Robson

FILE NUMBER(S) : 20666 of 2007

CORAM: Bly C

KEY ISSUES: Trees (Neighbours) :- Peppercorn Tree and Pine Tree, damage to property, falling branches, possible damage to property and injury to persons.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 12/09/2007

EX TEMPORE JUDGMENT DATE : 12 September 2007

APPLICANT Mr R. Chesher, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Ms C. Robson, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

12 September 2007

20666 of 2007 Robert Chesher v Carol Robson This decision was given extemporaneously on site. It has been revised and edited prior to publication.

JUDGMENT 1 COMMISSIONERS: This is an application pursuant to s7 of the Trees (Disputes Between Neighbours) Act 2006 ("the Act") in relation to an application by Mr R Chesher of 40 Fitzgerald Street Cringila for the removal of a certain trees in the adjoining property at 35 Lake Avenue Cringila. Ms C Robson is the owner of that adjoining property.

2 Mr Chesher explained that he has concerns in relation to the trees on the property at No. 35 Lake Avenue, those trees being a large peppercorn tree and a large pine tree. There are two other pine trees in the immediate vicinity, one of which is dead but these are of no direct concern. He explained that he is not sure which of these trees is sending its roots into his property but has discovered roots in the vicinity of his home and extending under existing concrete paths. He is concerned that these roots could, in the future, damage his home and the footpath. He is also concerned that the roots might penetrate existing close by sewer lines and cause blockages. 3 His further concern particularly involves the pine tree which has significant branches overhanging a shed adjacent to his side boundary. He explained that from time to time this tree (as does the peppercorn tree) drops branches (mostly dead) onto his property and onto this shed. In this regard he is concerned for the safety of his family.