Knox v Love (No 3) [2012] NSWLEC 1158

Land and Environment Court New South Wales

Medium Neutral Citation: Knox v Love (No 3) [2012] NSWLEC 1158 Hearing dates: 23 March 2012 and 9 May 2012 Decision date: 09 May 2012 Jurisdiction: Class 2 Before: Dixon C Galwey AC Decision: The Court Orders: 1. The appeal is upheld in part. (1) The respondents are to engage and pay for a qualified arborist (minimum AQF level 3) with all appropriate insurances to remove the Oak tree to ground level within 30 days of the date of these Orders. The works are to be carried out in accordance with AS 4373-2007 Pruning of Amenity Trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry. (2) The respondents are to engage and pay for the arborist or another suitable contractor to cut or grind that part of the Oak's stump and root buttress against the boundary to provide 100mm clearance between the stump and the boundary fence including the top 200mm of the stone retaining wall, taking all care to avoid damage to the fence and wall. These works are to be completed within 30 days of the date of these Orders. (3) The respondents are to provide the applicant with at least two days' notice of the works in (1) and (2) and the applicant is to provide all reasonable access during reasonable hours for the works in (1) and (2) to be completed. (4) The applicant is to cut and remove all roots on his property necessary to allow sewer repair works to be carried out. Sewer repair works are to be completed within 60 days of the date of these Orders. 2. Proposed Orders 2 and 3 are dismissed. Catchwords: TREES [NEIGHBOURS]; Removal of Oak tree - damage to retaining wall - Obstruction of sewer pipes - Compensation Legislation Cited: Dividing Fences Act 1991 Dividing Fences and Other Legislation Amendment Bill 2008 Interpretation Act 1987 Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Alasdair Knox, Jacqueline Knox (Applicants)