Pastars v Chhabra [2013] NSWLEC 1237

Land and Environment Court New South Wales

Medium Neutral Citation: Pastars v Chhabra [2013] NSWLEC 1237 Hearing dates: 13 December 2013 Decision date: 13 December 2013 Jurisdiction: Class 2 Before: Galwey AC Decision: 1. The application is upheld in part. 2. The respondent is to pay the applicant $400 within 14 days of the date of these orders. 3. The respondent is to engage a suitably qualified arborist (minimum AQF level 3) with appropriate insurances to remove Tree 2. 4. The respondent is to engage a suitably qualified arborist (minimum AQF level 3) with appropriate insurances to prune Tree 1 to: reduce where possible, or remove, overextended limbs over the applicant's property and over the Pacific Highway, taking no more than 20% of the tree's live crown mass; remove deadwood greater than 40 mm in diameter; and remove broken branch stubs. 5. While carrying out the works in (4) the arborist is to carry out a thorough aerial inspection of Tree 1 and is to remove any limbs that are found to be hazardous. A brief written report is to be provided to both parties by the arborist within 14 days of the works. Any cost associated with this is to be at the respondent's expense. 6. The works in (3), (4) and (5) are to be carried out in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry and AS 4373 Pruning of Amenity Trees. 7. The works in (3), (4) and (5) are to be carried out within 30 days of the date of these orders. 8. The respondent is to give the applicant four days' notice of the works in (3), (4) and (5) and must notify the applicant of any impacts the works will have on her power supply. 9. The applicant is to provide all access necessary for the works to be carried out during reasonable hours of the day. Catchwords: Tree dispute; damage to property; risk of injury; removal of one tree ordered; pruning of one tree ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: J Pastars (Applicants)