Chapman & anor v Harris & anor [2012] NSWLEC 1183

Land and Environment Court New South Wales

Medium Neutral Citation: Chapman & anor v Harris & anor [2012] NSWLEC 1183 Hearing dates: 9 July 2012 Decision date: 09 July 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: Application for tree removal dismissed. Orders made for regular pruning of two trees. Application for compensation upheld in part. Catchwords: TREES [NEIGHBOURS] Damage to property; risk of injury; pruning ordered; compensation. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: John Chapman and Gail Chapman (Applicants)

Lachlan Harris and Jenne Harris (Respondents) Representation: John Chapman and Gail Chapman (Applicants in person)

Lachlan Harris and Jenne Harris (Respondents in person) File Number(s): 20311 of 2012

Judgment 1COMMISSIONER: In a leafy street in Austinmer, residential properties are nestled opposite an area of bushland regrowth. Some of the properties have large indigenous trees in their gardens. On one such property, Mr and Mrs Harris, the respondents in this matter, built their dwelling and deck in such a way to retain two trees that are near, or partly on, their side boundary. 2Mr and Mrs Chapman, their neighbours, have had to repeatedly repair and replace roof tiles they say have been broken by limbs falling from the trees. Due to their concerns of future damage and risk of injury they seek orders pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 ("the Act") for the removal of both trees at the respondents' expense. They also seek compensation of $1,309 for repairs and works to their roof. 3The respondents enjoy the benefits of the trees and do not want to remove them. They would like to retain both trees and are willing to undertake annual inspections and pruning as necessary.