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Old 10th January 2008, 01:27 PM   #32 (permalink)
TrevMcRev
Over mature heritage tree
 
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Join Date: Feb 2007
Location: Melbourne, Victoria, Australia.
Posts: 734
Default Re: Trees (Disputes between Neighbous), LAND & ENVIRONMENT COURT, N.S.W., AUSTRALIA

Quote:
Originally Posted by Ekka View Post
Geee, that's a bit hopeless.

Hey, your trees hang over my fence I'm going to cut them ... get over it! And by law I'm allowed to!! And then I can even do the same to the roots of it!!! And I'm allowed to, that's the law here.
Here, Local Laws that dictate tree pruning & removal overide the Common Law that says you can do that, provided the tree is of size that meets the council criteria to need a permit. Instead you will have to prune to standards and permit conditions. Some reduction of spread may be allowed, but necessarily back to fenceline unless it is suitable for the tree to be pruned that way.

And you will need the neighbours/tree owners written permission to get the permit.
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