Chesters v Oakes [2016] NSWLEC 1504

Land and Environment Court New South Wales

Medium Neutral Citation: Chesters v Oakes [2016] NSWLEC 1504 Hearing dates: 25 October 2016 Date of orders: 25 October 2016 Decision date: 25 October 2016 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is upheld. See orders at paragraph 14. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; debris; orders for pruning. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Michael Chesters (Applicant) Michael Oakes (Respondent) Representation: Michael Chesters, litigant in person (Applicant) Michael Oakes, litigant in person (Respondent) File Number(s): 197205 of 2016

Judgment

Background 1. Mr Chesters ('the applicant') owns a residential property in Cardiff. Part of the dwelling on the property is not completed nor approved for inhabiting. A small flat at the rear of the dwelling is habitable. 2. Two native trees on the neighbouring property, owned by Mr Oakes ('the respondent'), stand roughly in line with the rear of Mr Chesters' dwelling, 6—7.5 metres from the common boundary. 3. Approximately three years ago a branch fell from the tree nearest Mr Chesters' dwelling (Tree 1). Mr Chesters says it damaged some roof guttering and two roofing panels, causing damage that cost $200 to repair. Mr Oakes acknowledges that a branch fell but disputes that it hit or damaged Mr Chesters' dwelling. 4. Mr Chesters is concerned that more branches may fall onto his property, or that one or both trees may fall onto his property. He says debris on his roof is from these trees. He says water pools in Mr Oakes' property, increasing the risk of trees toppling. He has applied to the Court pursuant to the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act') seeking orders for removal of these two trees. 5. Mr Oakes does not want to remove the trees, but says if Mr Chesters wishes to remove them he can do so at his own expense.