Simon v Goltsman [2021] NSWLEC 1069

Land and Environment Court New South Wales

Medium Neutral Citation: Simon v Goltsman [2021] NSWLEC 1069 Hearing dates: 28 October 2020 Date of orders: 16 February 2021 Decision date: 16 February 2021 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 eight Leighton Green Cypress (trees 1–8 in Mr Jackson's report of 28/09/2020) forming a hedge along their rear 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 applicant at least 2 days' notice of the works. (4) The applicant is to allow any access required to their property for the purpose of cleaning up debris. (5) Any further hedge planting along the respondents' rear boundary is to be of a species that grows to no more than 4 metres in height at maturity. (6) The exhibits are returned except for Exhibits A and B. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – cypress – obstruction of sunlight and views – whether the obstruction is severe – whether the applicant had access to sunlight and views – whether access to sunlight and views resulted from non-compliance with conditions of development consent – whether the extent of obstruction has increased since the applicant has owned the property – privacy and other benefits – avoiding adverse impacts to amenity Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Rules 2005 Woollahra Development Control Plan 2015 Cases Cited: Drewett v Best [2010] NSWLEC 1305 McDougall v Philip [2011] NSWLEC 1280 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work' Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy Category: Principal judgment Parties: Charlotte Simon (Applicant) Laura Goltsman (First Respondent) Joseph Goltsman (Second Respondent) Representation: Counsel C Simon (Litigant in Person) (Applicant) A Boskovitz (Solicitor) (Respondents)