Done v Shelly Beach Golf Club [2019] NSWLEC 1502

Land and Environment Court New South Wales

Medium Neutral Citation: Done v Shelly Beach Golf Club [2019] NSWLEC 1502 Hearing dates: 17 October 2019 Date of orders: 17 October 2019 Decision date: 17 October 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – the trees are on land zoned Public Recreation (RE1) – the trees are on land vested in or managed by Council – the Trees Act does not apply to these trees Legislation Cited: Ballina Local Environmental Plan 2012 Trees (Disputes Between Neighbours Act) 2006 (NSW) Wyong Local Environmental Plan 2013 Cases Cited: Chambers v Hall [2019] NSWLEC 1461 Category: Principal judgment Parties: Vicki Done (Applicant) Shelly Beach Golf Club (Respondent) Representation: Counsel: M Shumsky (Solicitor) (Applicant) M Aitken (Solicitor) (Respondent)

Solicitors: Stacks Collins Thompson (Applicant) Aubrey Brown Lawyers (Respondent) File Number(s): 2019/240617 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The application 1. Vicki Done ('the applicant') owns a residential property in Shelly Beach, on the New South Wales Central Coast, next to Shelly Beach Golf Club ('the respondent'). Three mature Norfolk Island Pines (Araucaria heterophylla) ('the trees') grow on the golf course adjacent to her property. Concerned about the trees' roots damaging her concrete paths and other parts of her property, she asked Shelly Beach Golf Club to remove the trees, but they have been unwilling to do so. The respondent told the applicant that the trees protect her house from golf balls. 2. In July of this year, Ms Done applied to the Court pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), seeking orders for removal of the trees, repairs to her property and reimbursement of expenses for repairs. An onsite hearing was set down for today.