The Court made consent orders for removal of a large Bald Cypress tree under Part 2 of the Trees (Disputes between Neighbours) Act 2006, finding s 10(2)(a) satisfied by over 10 years of documented damage from branch failures and root incursion, and the likelihood of further damage in the near future given the tree's vigour, canopy encroachment, and structural vulnerability to wind following prior branch losses. The Court was not satisfied that s 10(2)(b) (risk of injury to persons) was engaged, finding the risk of personal injury from falling branches, paver uplift, structural instability, and utility hazards to be no higher than low. Replacement tree planting orders were made under s 9(2)(j) to compensate for the loss of canopy volume to the urban forest.
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