Gilliland v Hall [2011] NSWLEC 1189

Land and Environment Court New South Wales

Medium Neutral Citation: Gilliland v Hall [2011] NSWLEC 1189 Hearing dates: 7 July 2011 Decision date: 07 July 2011 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application regarding Tree 2, the Paperbark, is dismissed. (2)The application regarding Tree 1, the Port Jackson Fig, is upheld in part. (3)The respondents are to engage and pay for an arborist, with a minimum AQF level 3, to prune Tree 1, removing all deadwood greater than 30 mm diameter and reducing the eastern part of the crown by between 20% and 30% of its foliar mass. This work is to be done in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry and AS 4373 (2007) Pruning of Amenity Trees. (4)The works in (3) are to be completed within 60 days of the date of these orders. (5)The respondents are to engage and pay for an appropriate tradesperson to remove and replace the fence panel adjacent to Tree 1, so that the fence panel is vertical, is on the boundary, and there is at least 100 mm clearance between the bottom rail and all parts of the tree. (6)The tree is not to be cut or damaged when carrying out the works in (5). (7)The works in (5) are to be completed within 60 days of the date of these orders. (8)The respondents are to give the applicant at least two days notice of the works in (5). (9)The applicant is to provide all necessary access during reasonable hours to allow completion of the works in (5). Catchwords: TREES [NEIGHBOURS] - damage to property - injury to persons - pruning ordered - fence to be repaired Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: M Gilliland (Applicant)