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LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Practice Note Class 2 Tree Applications

The purpose of this practice note is to set out the process leading up to a final hearing of a tree application to ensure the just, quick and cheap resolution of tree applications.

Commencement
1. This practice note commences on 1 September 2008.

Application of Practice Note
2. This practice note applies to all applications under the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) in Class 2 of the Court’s jurisdiction.
3. Applications subject to this practice note are referred to as “tree applications”. This practice note is to be known as Practice Note – Class 2 Tree Applications.

17/10/08     HOLROYD RESIDENT FINED FOR ILLEGAL LOPPING OF TREE

A resident of Fairfield Road, Woodpark was convicted of two offences of illegal lopping works of his neighbour’s Jacaranda tree, in Parramatta Local Court recently. Council took the resident to Court following the illegal lopping works in November and December 2007. The mature Jacaranda tree located at a property in Fairfield Road is one of the largest known Jacaranda trees in Holroyd with a canopy span of approximately 18 metres and 16 metres high with an estimated age of 60 – 70 years old.

The illegal lopping resulted in the removal of one of the tree’s three main trunks resulting in nearly one third of the tree being removed. The resident’s reasons for lopping the tree included safety reasons because of overhanging branches and the build up of leaves and twigs in the house gutters and minor damage to the house. He also indicated he had no knowledge of Council’s Tree Management Order. The Court dismissed these reasons.