The Court ordered removal of a broad-leaved privet under s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW), finding the tree was likely to cause injury through its widely accepted allergenic pollen without requiring the applicant to adduce specific medical or arboricultural evidence under Schedule B of the Practice Note, as those supplementary directions had not been made at the preliminary hearing. The Court confirmed that under s 6(3) of the Trees Act, council consent is not required to carry out tree works ordered by the Court, even where the tree is within a heritage conservation area. The Court noted that Commissioners do not have power to make costs orders and that a Notice of Motion would be required to pursue costs.
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