Holborow v Measures [2012] NSWLEC 1101

Land and Environment Court New South Wales

Medium Neutral Citation: Holborow v Measures [2012] NSWLEC 1101 Hearing dates: 26 April 2012 Decision date: 26 April 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF Level 3), with all appropriate insurances, to remove T1 to ground level. The work is not to be done by crane but by arborists accessing the tree using modern arboricultural climbing techniques. (2)The respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF Level 3), with all appropriate insurances, to prune T2 to remove the two low overextended limbs over the applicant's property, to remove all deadwood greater than 25 mm in diameter, and to reduce the remaining live crown by 15-20%. (3)All works in order (2) are to conform to AS4373 Pruning of Amenity Trees. (4)All works in orders (1) & (2) are to conform to the WorkCover NSW Code of Practice for the Amenity Tree Industry. (5)The works in orders (1) & (2) are to be completed within 60 days of the date of these orders. (6)The respondents are to provide the applicant with 3 working days notice of the works in orders (1) & (2). (7)The applicant is to provide all access required for the works in orders (1) & (2) to be completed efficiently, including access for a truck and chipper to their driveway if necessary, during reasonable hours. (8)The respondents are to prune T4 clear of the dwelling to provide clearance of at least one metre. (9)The applicant is to allow access for works in (8) to be done on reasonable notice during reasonable hours. (10)The respondents are to pay the applicant $400 within 14 days of the date of these orders. (11)Following removal of T1, the respondents are to engage a fencing contractor to reinstate the section of fence displaced by T1 within 90 days of the date of these orders. The applicant and the respondents are to each pay 50% of the cost of these works. Both parties are to provide access required for these works to be completed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) - damage to property; risk of damage; risk of injury; removal ordered; pruning ordered; compensation ordered in part Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Katherine Holborow (Applicant)