Barnett v NSW Land & Housing Corporation [2011] NSWLEC 1033

Land and Environment Court New South Wales

Medium Neutral Citation: Barnett v NSW Land & Housing Corporation [2011] NSWLEC 1033 Hearing dates: 28 February 2011 Decision date: 28 February 2011 Jurisdiction: Class 2 Before: Moore SC Decision: 1. The application with respect to trees 1 to 3 is dismissed; 2. The respondent is ordered to remove the Monterey Pine tree ( Pinus radiata ) located furthest from the street and all its roots on the applicants' property within six months of the date of these orders; 3. The removal in (2) Is to be undertaken by an AQF level III arborist with appropriate WorkCover insurances; 4. The applicants are to provide access to their property for the purposes of the removal of the tree in (2)( if access is required) with such access to be on reasonable notice to the applicants, at a reasonable hour of the day and with the applicants having the opportunity to supervise that access; and 5. If the applicants re-concrete their driveway within three months after the date of removal of tree 4 and serve upon the respondent, within 28 days of the completion of the re-concreting of their driveway, a receipted invoice for the cost of the re-concreting of their driveway, the Department is to pay the applicants the sum of $275 within 28 days of the service upon the Department of the receipted invoice. Catchwords: TREES (NEIGHBOURS) Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: M & P Barnett (applicant) NSW Land & Housing Corporation (respondent) Representation: Applicants in person Ms J Isgro (respondent) File Number(s): 20924 of 2010