Tsinaslanidis v McKeown [2012] NSWLEC 1038

Land and Environment Court New South Wales

Medium Neutral Citation: Tsinaslanidis v McKeown [2012] NSWLEC 1038 Hearing dates: 10 February 2012 Decision date: 10 February 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The respondent is to engage and pay for a fencing contractor to remove the 1.5m section of lifted brickwork, from the post 1m east of Tree 5 to a point 1.5m to the west. A new brick course is to be constructed on a lintel that spans over the roots, with at least 25mm clearance between the lintel and any woody roots, using existing bricks where possible, or matching with new bricks if required. The lattice fence is to be attached to the brickwork by repair to the existing bracket or with a new bracket to replace the broken one, as the contractor sees fit. (2) Tree roots >20mm diameter are not be cut or damaged during the works in (1). (3) The works in (1) are to be done within 3 months of the date of these orders. (4) The applicant is to allow access for the works in (1) at reasonable times given at least 3 days' notice by the respondent. (5) The respondent is to engage and pay for an AQF level 3 arborist to prune the Lemon-scented Gum (Tree 13/14) to remove all deadwood >10mm diameter over the applicants' property and to reduce long limbs over the applicants' property, reducing them to suitable forks, taking no more than 30% of each limb and no more than 20% of the entire crown area. This work is to be completed within 2 months of the date of these orders and must be carried out in accordance with AS4373:2007 Pruning of Amenity Trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry . (6) The applicant is to allow access for the works in (5) at reasonable times given at least 3 days' notice by the respondent. (7) Every 3 years, within 1 month either side of the anniversary of the date of these orders, the respondent is to engage and pay for an AQF level 3 arborist to prune the Lemon-scented Gum (Tree 13/14) to remove all deadwood >10mm diameter over the applicants' property and to reduce long limbs over the applicants' property, reducing them to suitable forks, taking no more than 10% of the entire crown area. This work must be carried out in accordance with AS4373:2007 Pruning of Amenity Trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry . (8) The applicant is to allow access for the works in (7) at reasonable times given at least 3 days' notice by the respondent. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; risk of injury; compensation ordered; pruning ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Wisdom v Payn [2011] NSWLEC 1012 Barker v Kyriakides [2007] NSWLEC 292 Category: Principal judgment Parties: Mr L Tsinaslanidis Mrs P Tsinaslanidis (Applicants)