Class 2 : Tree disputes and local government appeals
Proceedings in Class 2 include:
Proceedings under the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) involve applications to the Court to:
- remedy, restrain or prevent damage or injury to any person as a consequence of a tree
- prune or remove hedges severely obstructing sunlight to a window of a house or a view from a house.
Tree disputes are heard by a commissioner of the Court, usually with specialist knowldege and expertise in these matters.
Practice and procedure
The practice and procedure for tree disputes is described in the Practice Note Class 2 Tree Applications (PDF , 245.3 KB).
Practice and procedure for Miscellaneous appeals can be found in the Practice Note Classes 1, 2 and 3 Miscellaneous Appeals (PDF , 118.7 KB).
In 2019, Class 2 matters represented 7% of the Court’s finalised caseload. These were mostly applications under the Trees (Disputes Between Neighbours) Act 2006.
Of these finalised tree disputes matters in 2019:
- 74% were applications concerning a tree causing damage to property or injury to a person
- 26% were applications concerning a hedge severely obstructing sunlight or views.
In 2019, 93% of tree disputes were finalised within 6 months of commencement. The median completion time was 117 days.
In 2019, one party was self-represented in 95% of all tree dispute matters.
Both parties represented themselves in 64% of applications concerning a tree, and 33% of applications concerning a hedge.
In 2019, 11% of tree disputes were finalised by alternative dispute resolution processes and negotiated settlement, without the need for a court hearing.
Class 2 matters represented 7% of the Court’s finalised caseload.