Crofton v Stratton

[2018] QCAT 273

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Crofton v Stratton [2018] QCAT 273

PARTIES:

LANCE CROFTON
(applicant)

v

JULIE STRATTON
(respondent)

APPLICATION NO/S:

NDR039-17

MATTER TYPE:

Other civil dispute matters

DELIVERED ON:

17 August 2018

HEARING DATE:

11 August 2017

HEARD AT:

Brisbane

DECISION OF:

Member Deane

ORDERS:

The application is dismissed.

CATCHWORDS:

ENVIRONMENT AND PLANNING – TREES, VEGETATION AND HABITAT PROTECTION –

DISPUTES BETWEEN NEIGHBOURS – whether the neighbour made a reasonable effort to reach agreement with the tree-keeper to give rise to a power to make an order – whether trees likely to cause injury or serious damage within 12 months – whether tree causing substantial, ongoing and unreasonable interference – whether the interference is an obstruction of sunlight – whether the trees ought to be removed or trimmed

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), s 46, s 47, s 52, s 61, s 65, s 66, s 72, s 75

Ortlipp & Anor v Bowyer & Anor [2017] QCAT 225
Robertson v Darvas [2016] QCAT 136
Thomsen v White [2012] QCAT 381
Tighe v Schak & Anor [2015] QCAT 387

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondent:

N Stratton

REASONS FOR DECISION

1. Mr Crofton lives next door to Mr and Mrs Stratton.  Mrs Stratton is the registered proprietor of the land.

2. Mr Crofton commenced these proceedings under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) (the ND Act),[1] claiming that:

   [1]Exhibit 1.

   (a)he feels it is inevitable that two gum trees on Mrs Stratton’s land will cause serious damage or injury;

   (b)the trees are likely to cause serious injury to a person within the next 12 months because of the species, their height and extension of branches, the propensity for cyclones in the Mackay area and their close proximity to his house, pool and shed;

   (c)the trees are likely to cause serious injury to his land or property on his land within the next 12 months as there had been damage to a trampoline and his pool and his land had been affected and he feels that there had to date been no serious damage only through luck;

   (d)one of the trees had caused damage to the fence by distorting its alignment;

   (e)the trees had caused substantial, ongoing and unreasonable interference with his use and enjoyment of his land as:

   (i)       branches and leaf litter fall in the yard and pool;

   (ii)      leaves block gutters and roof valleys requiring more maintenance than normally required, causing internal house damage;

   (iii)     leaves block the pool pump, affect water quality in the pool by promoting algae requiring more maintenance both in time and at a greater cost because more chemicals are required;

   (iv)     leaf litter near his solar panels is a potential fire hazard.

   (f)The trees obstruct sunlight inhibiting growth of plants and grass and the lack of sunlight promotes mosquitoes.

3. Mr Crofton sought numerous orders as follows:

   (a)to remove the trees;

   (b)to remove or prune the branches;

   (c)to remove or prune the roots;

   (d)a survey be…