Neighbourhood Tree Disputes - Campbelltown City Council

NeighbourhoodTree DisputesTrees offer a number of benefits to the suburbs of theCampbelltown Local Government Area. However, aninappropriately planted tree can cause significant conflictbetween neighbours.I have an issue with my neighbour’s tree. What do I do?If you are concerned about a tree on a neighbouring property, the best wayto resolve the issue is to discuss it with your neighbour. Your neighbourmay not be aware that there is an issue and, in most cases, will bewilling to help you resolve your concerns. You should clearly outline yourconcerns regarding the tree with your neighbour and propose an optionfor addressing the issue.I have talked to my neighbours and they are still not cooperating?If talking to your neighbour does not result in an agreeable solution for bothparties, your next option is to take the issue to the Community Justice Centre(CJC). The CJC provides a free mediating service to assist you in coming to anagreement with your neighbour. It is not mandatory for your neighbour to attendthe CJC, but most people are willing to discuss the issue with a neutral facilitatorto resolve problems and prevent them from escalating further. Contact 1800 990777 between 9am and 5pm, Monday to Friday (excluding public holidays) todiscuss your situation with the CJC.My neighbour is still not willing to cooperate?The Trees (Disputes between neighbours) Act 2006 allows an owner or anoccupier to apply to the Land and Environment Court for an order to remedy,restrain or prevent damage to property or injury to a person as a consequenceof a tree on adjoining land.Before making an order, the Court has to satisfy itself that the applicant hasmade a reasonable attempt to reach an agreement with the owner and that thetree has caused, or is likely to cause, injury to person or property. The Court alsoneeds to consider the location of the tree, its historic or cultural significance, itsplace in the environment, its intrinsic value and its relationship to soil stabilityand the water table.The Court has the power to authorise the applicant to take action, authorisethe land to be entered, require compensation or costs to be paid or require thereplacement of a tree.

Campbelltown City CouncilPlanning and Environment DepartmentCampbelltown Civic CentreCnr Queen and Broughton Sts, CampbelltownPO Box 57, Campbelltown, NSW 2560Phone: 02 4645 4601 Facsimilie: 02 4645 4111www.campbelltown.nsw.gov.au