Bentley v Hart [2013] NSWLEC 1080

Land and Environment Court New South Wales

Medium Neutral Citation: Bentley v Hart [2013] NSWLEC 1080 Hearing dates: 26 April 2013 Decision date: 26 April 2013 Jurisdiction: Class 2 Before: Moore SC Galwey AC Decision: 1)The respondent is to remove the Datura from the planter box in which it is located and to effect such removal within 60 days of the date of these orders; 2)Any roots not removed pursuant to (1) are to be pruned to the boundary of the applicant's property; 3)The work in (1) and (2) is to be carried out by an arborist of AQF level 3 qualifications with appropriate insurances; 4)The work in (1) and (2) is to be carried out at the respondent's expense; 5)The respondent is to grant the applicant access to the respondent's property for the purposes of carrying out works to the applicant's bathroom subject to: (a)Service on the respondent of a copy of approved plans and conditions of consent for the proposed works from the City of Sydney Council; (b)Provision of seven (7) clear days notice of each and every occasion upon which access is requested; nomination of the purpose for such access; the names of those persons proposing to access the respondent's property; and proof of insurances by the applicant to the respondent for those proposing to so access; (c)Access is to be granted between 7:30 AM to 5 PM Monday to Friday and 8 AM to 12 noon on Saturdays; 6)If works by the applicant envisaged by (5) are not completed within 12 months of the date of these orders, the respondent has liberty to apply with respect to (5); 7)The application is otherwise dismissed; 8)The exhibits, other than Exhibits D and E, are returned. Catchwords: Root damage Legislation Cited: Trees (Dispute Between Neighbours) Act 2006 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Mr Paul Bentley (Applicant)