Bazett & McFadden v Bonser [2020] NSWLEC 1668

Land and Environment Court New South Wales

Medium Neutral Citation: Bazett & McFadden v Bonser [2020] NSWLEC 1668 Hearing dates: 1 December 2020 Date of orders: 1 December 2020 Decision date: 01 December 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted. (2) Within 60 days of the date of these orders the respondents are to engage a suitably qualified arborist (minimum AQF level 3), with all appropriate insurances, to remove the four cypress trees forming a hedge along their western boundary, to no more than 50 cm above ground level. The works are to be done in accordance with the 2016 Safe Work Australia Guide to managing risks of tree trimming and removal work. (3) The respondents are to give the applicants at least 2 days' notice of the works. (4) The applicants are to allow any access required to their property for the purpose of cleaning up debris. (5) Any further hedge planting along the respondents' western boundary is to be of a species that grows to no more than 4 metres in height at maturity. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – cypress – obstruction of views – whether the obstruction is severe – privacy and other benefits – burden of ongoing maintenance – orders run with the land Legislation Cited: Land and Environment Court Act 1979 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: McDougall v Philip [2011] NSWLEC 1280 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 White v Baird [2014] NSWLEC 1189 Texts Cited: 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: Wendy Bazett (First Applicant) Lyn McFadden (Second Applicant) Keith Bonser (First Respondent) Lindy Bonser (Second Respondent) Representation: W Bazett (Litigant in Person) (First Applicant) L McFadden (Litigant in Person) (Second Applicant) K Bonser (Litigant in Person) (First Respondent) L Bonser (Litigant in Person) (Second Respondent) File Number(s): 2020/152638 Publication restriction: No