TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring tree — applicant made reasonable effort — whether the tree is likely to cause damage or injury — application granted — tree removal ordered
Quick Take
1Where a tree on a respondent's land poses an elevated risk of whole tree failure likely within 12 months, and property targets and persons are constantly within the fall zone, both ss 10(2)(a) and 10(2)(b) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) are enlivened, even where the anticipated property damage would only be minor.
2The costs of tree removal fall solely on the tree owner where the tree is not a shared tree, no act or omission by the applicant contributed to the tree's condition, and no shared property damage exists for which compensation is claimed.
3Where the cost of intermediate remedial works (such as ivy removal and detailed arborist inspection) would be greatly disproportionate to the benefits the tree provides and would likely result in a removal recommendation in any event, tree removal is the most reasonable management option.
