Stack v Kahler

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

23/08/2022

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Urban Planning

REVIEW TYPE

Merits review

SUMMARY

TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage caused by neighbouring tree – risk of damage and injury – reasonable action to mitigate the risk – ownership of boundary trees – orders for pruning – orders for survey

“Benefits of the tree While this species of Eucalypt might not occur naturally in the area, the tree provides environmental and habitat values. Birds and other fauna use the tree. The tree provides ecosystem services: shade and cooling; it has removed several tonnes of carbon from the atmosphere; it filters pollutants from the air. Its tall crown contributes not only to the landscape character of both properties, but also to public amenity.”

CASE DOCUMENTS

Stack v Kahler [2022] NSWLEC 1731