TREES (DISPUTES BETWEEN NEIGHBOURS) — zoning of land — Pt 2 application — neighbouring palm trees — whether the trees have caused, are causing, or are likely in the near future to cause, damage to the applicants’ property — Pt 2 orders refused — Pt 2A application — neighbouring juniper trees — whether the trees are planted so as to form a hedge — obstruction of views — whether the obstruction is severe — orders to prevent a severe view obstruction
Quick Take
1Land zoned C4 – Environmental Living under the Sutherland Shire LEP 2015 has the substantial character of a residential zone designated under s 4(1)(a) of the Trees (Disputes Between Neighbours) Act 2006, bringing trees on such land within the Act's jurisdiction.
2Under Pt 2A of the Trees Act, the absence of a severe view obstruction at the date of hearing does not preclude orders where the court is satisfied the hedge will, without maintenance, grow to severely obstruct a view; the court may make forward-looking orders to prevent a severe obstruction, applying Unsworth v Hennessy [2024] NSWLEC 82.
3The dropping of leaves, fronds, fruit and small deadwood by urban trees ordinarily will not provide the basis for ordering removal of or intervention with a tree, particularly where the risk of damage could be avoided by routine property maintenance (applying Barker v Kyriakides [2007] NSWLEC 292).
