NSW Land & Environment Court does not link termites, fire potential or leaf litter as a reason to remove neighbours trees under the Trees (Disputes Between Neighbours) Act 2006

NSW Land & Environment Court does not link termites, fire potential or leaf litter as a reason to remove neighbours trees under the Trees (Disputes Between Neighbours) Act 2006

In Class 2 proceedings, Fakes C in Sultana v Micallef [2012] NSWLEC 1078, the NSW Land & Environment Court dismissed the bulk of proceedings, save as to granting the removal of 1 tree out of 69 trees in Schofields, Sydney as the tree overhung the applicant’s property and was found to likely cause damage in the near future

For the remaining trees, the New South Wales Land and Environment Court could not find any causal connection between the habitat of insects, termites or continuous leaf litter and the future damage to the applicant’s property in the future (next 12 months).  On the facts, the NSW Land and Environment court found that the branches of the neighbour’s trees were well away from any electricity or communication wires.

The Land and Environment Court confirmed that it had no jurisdiction in relation to removing trees on the basis of a potential bush fire hazard or if a noxious weed, particularly where other approvals can be obtained under other legislation.

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