Gene Barrett, who is working on a property redevelopment next to the school on Bathurst Road is seeking Orange City Council approval to chop down the trees.

In his development application Mr Barrett said the trees were a danger to workers, students and staff.

“The trees are a risk to all present and future occupiers of the both properties,” he said.

“I cannot legally ask workers/subcontractors to work under the dangerous trees. My legal advice is that the tree are a non-heritage item.”

Mr Barrett said he first raised the issue with the school in January.

“I have gone to great time and expense to apply and offer to remove the risk of the dangerous trees, it is only a matter of time for the trees to fail,” he said.

“The school has agreed for the removal and replacement of the trees with a suitable species that will grow and form a screen between [the property] and the school to a height of four metres.”

An arborist’s report attached to the DA also recommended most of the trees be removed.

MAP: Where is the property?

“Removal of 11 trees is recommended with three trees assessed as high risk of failure which could lead to the mortality of students, staff, workers or injury and property damage,” it found.

Because the trees form a border between the two properties the DA said it was not clear which property actually owned the trees.

The DA is on display at the council offices until Friday, October 19.

Public submissions about the DA can be made until that time.

Once the display period has ended council staff will assess any submissions and either decide on the DA or forward it to the council.

A council spokesman said the development of units on the property next to Kinross was approved by council in 2007.

Council approved a DA for a two-storey building near the preparatory school buildings, towards the Allenby Road site frontage, including eight classrooms.