TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring tree — whether the tree has caused damage — whether the tree is likely to cause damage or injury, — damage to property — severity of damage — whether causation has been demonstrated — severity of damage whether tree removal is required — Orders for root and branch pruning
Quick Take
1Where property damage caused by a neighbouring tree is minor and the tree has high retention value and significant environmental benefits, removal of the tree is a disproportionate response; the Court will instead order targeted root pruning and deadwood removal proportionate to the severity of damage.
2The mere presence or proximity of tree roots near damaged structures is insufficient to establish causation under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006 (NSW); applicants alleging structural damage must adduce evidence of geotechnical conditions, footing construction, soil characteristics and other potential contributing factors as outlined in Fang v Li [2017] NSWLEC 1503.
3Root pruning within the structural root zone (SRZ) is not automatically precluded, but where compounding risk factors exist — such as pre-existing fungal pathogens, prior root loss from nearby construction, and large root diameter — the Court will restrict pruning to smaller roots whose removal will not compromise tree stability.
