Owners Corporation SP 68987 v Dapto Bowling Club [2012] NSWLEC 1044

Land and Environment Court New South Wales

Medium Neutral Citation: Owners Corporation SP 68987 v Dapto Bowling Club [2012] NSWLEC 1044 Hearing dates: 29 February 2012 Decision date: 29 February 2012 Jurisdiction: Class 2 Before: Fakes C Decision: Application for removal of trees dismissed Catchwords: TREES [NEIGHBOURS] Future damage to property; risk of injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Barker v Kyriakides [2007] NSWLEC 292 Hinde v Anderson & anor [2009] NSWLEC 1148 Category: Principal judgment Parties: Owners Corporation SP 68987 (Applicant) Dapto Bowling Club (Respondent) Representation: Applicant: Mr B Lynne (Agent) Respondent: Mr B Brown (Agent) File Number(s): 21143 of 2011

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: This is an application made under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by the Owners Corporation SP 68987 against Dapto Bowling Club. The applicant's property comprises seven villa units. 2The application seeks orders for the removal of 14 Brush Box trees ( Lophostemon confertus ), which are growing along the southern boundary of the club's carpark. According to one of the residents of the units, a keen bowler, he remembers the day, the time and by whom the trees were planted in 2002, shortly after the occupation of the villas. 3The orders are sought for the following reasons: * Concerns that roots may, in the future, cause damage to pathways at the rear of the units and the sewer that runs near the dividing fence; * Falling leaves and fruit create a slip hazard and therefore pose a risk of injury, particularly to elderly residents; * Fears that overhanging branches may fall and injure residents or their visiting grandchildren; and * The trees may blow over in strong winds. 4The Bowling Club does not wish to remove the trees that were supplied to them by Wollongong Council.