Tsoukatos v Hirst

The Court orders:

(1) The application to prune three neighbouring trees is granted, with modifications to the proposed pruning as outlined.

(2) Within 30 days of the date of these orders, the respondent is to obtain, and supply to the applicants copies of, three quotes for the works specified below. The cost for works to each of the three trees is to be itemised separately in the quotes.

(3) Within 60 days of the date of these orders, the respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurances, to carry out the following works:

(a) Tree 1: remove the eastern stem to its collar where it joins the main body of the tree; prune for weight-reduction and building clearance other limbs to the east near the applicants’ dwelling as per the Peacock report (Exhibit 1); remove deadwood >25 mm in diameter.

(b) Tree 2: remove the low northern branch back to its branch collar at the stem; prune to achieve 1.5 metres of clearance to the applicants’ roof (direct clearance, not clearance within 1.5 m of the vertical plane above the outer wall) cutting back to the first suitable branch collar or lateral branch; remove deadwood >25 mm in diameter.

(c) Tree 3: prune to achieve 1.5 metres of clearance to the applicants’ roof (direct clearance, not clearance within 1.5 m of the vertical plane above the outer wall) cutting back to the first suitable branch collar or lateral branch; remove deadwood >25 mm diameter.

(4) The respondent is to give the applicants 7 days’ notice of the works ordered above.

(5) During reasonable hours of the day the applicants are to allow any access required to their property for the works ordered above.

(6) Within 14 days of receiving a copy of a receipted paid invoice for the works ordered above, the applicants are to pay the respondent 50% of the cheapest amount quoted in order 2 for pruning Tree 1.

(7) If the applicants do not receive a receipted invoice for the works within 90 days of the date of these orders, order 6 lapses.

(8) During July of each year, beginning 2020, the respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurances to prune Tree 3 to achieve 1.5 metres of clearance to the applicants’ roof (direct clearance, not clearance within 1.5 m of the vertical plane above the outer wall) cutting back to the first suitable branch collar or lateral branch; remove deadwood >25 mm diameter.

(9) On reasonable notice, the applicants are to allow any access required to their property for the works ordered above during reasonable hours of the day.

(10) Liberty to relist for the purpose of clarifying the orders.