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Blue Mountains man takes neighbour to court over bird droppings damaging his lawn

Blue Mountains man takes neighbour to court over bird droppings damaging his lawn
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Read Time:2 Minute, 42 Second

A NSW man has taken his neighbour to court over claims his lawn has been damaged due to a pine tree housing birds whose droppings fall into his garden and pine needles filling up his gutters.

Blue Mountains resident Grenville Bedford claimed the canopy of his neighbour Wayne Basedow‘s pine tree encroached on his backyard.

He claimed pine needles filled up his gutters, with debris also falling on his grass and garden areas, and dropping from birds that lived in the tree fell into his garden, damaging it.

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He applied to the Land and Environment Court to make orders to remove the tree or, alternatively, have it extensively pruned.

The court heard Bedford made reasonable efforts to reach an agreement with his neighbour before making an application to the court.

An on-site inspection took place at the property and noted the tree measured about 16m tall, with a canopy spread of about 12m with a trunk diameter of about 1m.

The tree overhung Bedford’s backyard by about 5-6m.

“Though the canopy was clear of the applicant’s house, Pine needles were apparent on the roof and gutters,” Acting Commissioner of the Court John Douglas said.

Gutter guards had been installed in the roof to help manage debris, but Bedford said he still needed to periodically have the roof and gutters professionally cleared.

He said he was concerned the debris was a fire risk and said he had endured stress over the tree.

Damage to a common boundary steel fence by the tree was also noted during the inspection.

Despite acknowledging the pine needles would be unwelcome, in his decision earlier this year, Douglas said they did not constitute damage and the required maintenance of the gutters was considered reasonable.

Bedford’s claim of lawn damage was also dismissed on the basis that “the damage, or risk of injury must be caused by the tree itself, not by an animal living in, or, on the tree.”

“I am satisfied that the tree’s above-ground structure is sound and there is no reasonable basis to consider the tree likely to cause near future damage, or risk of injury,” Douglas said.

Douglas said the tree provides a range of valuable services for Basedow, the community and the environment.

He also said he does not believe the tree presents a fire risk that justifies intervention.

However, he acknowledged the tree’s roots caused considerable uplift and bowing of the common boundary fence.

“The fence shall be repaired and reinstated with the existing minor deviation around the tree, consistent with its installation prior to the applicant’s occupation,” he said.

The court ordered Basedow to hire a fencer or handyman to repair sections of the common boundary fence that had been damaged by the tree.

No order was made about to remove or prune the pine tree.

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