TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring tree — a large tree affects several properties — whether the tree has caused damage — whether the tree is likely to cause damage or injury — amount of debris falling from the tree — benefits of the tree — orders for regular tree maintenance
Quick Take
1Under the Trees (Disputes Between Neighbours) Act 2006 (NSW), the dropping of leaves, flowers, fruit, seeds or small deadwood by urban trees ordinarily will not provide the basis for ordering removal of or intervention with an urban tree; residents in urban environments are expected to undertake reasonable exterior maintenance to retain the aesthetic and environmental benefits of urban trees (applying Barker v Kyriakides [2007] NSWLEC 292).
2Where a large tree poses a risk of damage from dead branch failure but is otherwise structurally sound and provides significant amenity and ecosystem services, proportionate orders for regular professional inspection and targeted pruning are preferred over removal of overhanging branches.
3Informal assessment of a tree's condition via photographs sent to an unqualified acquaintance falls short of the professional inspection warranted for a large tree in a densely built urban location.
