Pittwater Life November 2018 Issue

Business Life: Law
Business Life
The laws of nature, of
neighbours... and trees
Recently when visiting
friends, the car was parked
in their driveway and as
we greeted one another our
host rushed to ask that the
car be moved lest it become
another victim of a very large
eucalyptus of the ghost gum
type, whose branches hung over
the driveway from the house
next door.
It was explained that the tree,
some 40 metres in height, had
begun dropping very heavy
limbs from the top of the tree
and was a potential danger.
Our host explained that he
was having discussions with his
neighbour with a view to them
together arranging to have the
tree examined by an arborist
and an application made to the
local council for permission to
trim and reduce the tree and
make it safe. Photographic
evidence of fallen branches
over the driveway and lawn had
been shown to the neighbour.
However, some reluctance
concerning responsibility was
being encountered as the
neighbour had pointed out that
the limbs were not hanging over
his property, they were entirely
over our friend’s property.
Disputes between neighbours
can be extremely stressful,
often expensive, and difficult to
resolve.
A willingness to communicate
and come to some agreement
is essential with a realisation
that like so many aspects of
the law, a willingness to reach a
compromise is desirable.
Mediation is an excellent
alternative to legal action. It is
especially useful where you are
finding it difficult to talk directly
with your neighbor, or progress
is slow and where conflict has
become entrenched, or the
problem is escalating.
Mediation through Community
Justice Centres (CJC) is a free
confidential service. If you
contact the service it will contact
the other party and offer
mediation. If the other party is
agreeable a suitable time and
place is arranged. Two trained
mediators attend a session which
can last upwards of two hours. If
required, further sessions can be
scheduled. There are no waiting
lists.
Community Justice Centres
are established under the
Community Justice Centres Act
1983 and are administered by
the NSW Department of Justice.
Although the CJC system is
widely used, approximately
1500 disputes annually with an
80% success rate, it is not always
the solution.
Insofar as trees are
concerned, local councils are
responsible for protecting trees
through their Tree Preservation
Orders (TPOs) in terms of the
Environmental Planning and
Assessment Act 1979.
TPOs can prohibit ring
barking, cutting down, lopping,
removing, injuring or willful
destruction of specified trees
without council consent.
In the majority of council
areas, most trees on both
public and private property are
protected.
with Jennifer Harris
However, council has no
authority to act in disputes
between neighbours. This is why
it is desirable that even if you
are wanting to prune only 10% of
overhanging branches, to obtain
your neighbour’s consent and to
follow the process set out by the
council.
Tree removal which the council
will not permit may be briefly
summarised as follows:
n Tree work without the
signature of the owner or their
agent on application;
n Removing healthy, stable trees
or trees for views;
n Removing trees for solar
access, leaves, bird droppings
or damage to sewer pipes or
built structure;
n Removing trees for allergies
unless they can be medically
supported by a specialist
doctor;
n Removal of trees for fences,
footpaths or driveways;
n Removal of trees in bushland
or vegetation without a permit;
n Removal of trees where they
do not meet the criteria of the
permit.
Damaging or removing
trees illegally is considered a
serious offence. The Land and
Environment Court can impose
fines of up to $1.1 million, plus a
daily fee if the offence continues
and the offender may be directed
to plant trees and vegetation and
maintain them.
If the neighbour does not
52 NOVEMBER 2018
The Local Voice Since 1991