There are two parts to the Trees (Disputes Between Neighbours) Act 2006 that you can make an application to the Land and Environment Court in the Court’s Class 2 jurisdiction.
Anyone who believes that their neighbour’s tree has caused, is causing, or will soon cause harm to their property or will likely injure someone else can request that the Land and Environment Court to issue orders through Class 2 proceedings.
When damage or harm results from a tree located on adjacent land, the Court may issue orders to repair, restrict, or prevent damage to property or injury to any person. The Court may also award compensation or property correction where a tree causes harm to another parties’ property under the Trees (Disputes Between Neighbours) Act 2006.
This part allows you to request orders from the Land and Environment Court if you believe that your neighbour’s hedge, which consists of two or more trees, excessively obstructs one of your windows from sunlight or a view. Single trees that block sunlight from entering a window of a person’s home or block a view from their home are not covered by Part 2A.
Hones Lawyers can assist with your tree dispute matters and have represented thousands of clients in Sydney and NSW regarding class 2 appeals and other Land and Environment Court cases.
There are a number of other appeals under different pieces of legislation you can ask the Court to hear and dispose of including, but not limited to, appeals or objections under sections 176, 177, 178, 180, 182 and 611 of the Local Government Act 1993.
For example, section 180 of the Local Government Act 1993 allows a person upon whom an order has been served to appeal the order to the Land and Environment Court. This can include (but is not limited to) orders requiring you to demolish a building or to repair or make structural alterations to a building.
If you are issued with an order, you may be able to appeal the issuing of the order to the Land and Environment Court.
Please get in touch with one of our specialised solicitors for an initial consultation.