Tree disputes
Laws have been introduced by the New South Wales Parliament allowing tree disputes between neighbours to be referred to the NSW Land & Environment Court.
The Trees (Disputes Between Neighbours Act) 2006 allows an owner of land to apply to the court for an order to remedy, restrain or prevent damage to the owner's property or injury as a consequence of a tree situated on adjoining land. The court may also order compensation for damage already caused by such a tree.
An individual must make a reasonable attempt to resolve the situation before an approach is made to the Court.
More information about the way these laws work can be found on the Land and Environment Court website.
A Tree Preservation Order applies to the entire Shire of Hornsby, and Council's written consent is required for the removal or pruning of any tree more than three metres in height, except for trees that are exempt from the order. Read more about the Tree Preservation Order.
Where the agreed solution between neighbours involves the removal of a tree or the pruning of it by more than 10% of its foliage area, application authorised by the owner of the property on which the tree is situated must be made to council and written approval received prior to undertaking any work.
The Act does not apply to trees on land owned or managed by a Council. Any resident that has concerns about a tree situated on land owned by Hornsby Shire Council should call 9847 6853 during office hours or register a service request online and one of council's qualified arborists will inspect the tree and determine what response is necessary in the interests of public safety and tree preservation.