Pollock v Sydenham [2022] NSWLEC 1365

Land and Environment Court New South Wales

Medium Neutral Citation: Pollock v Sydenham [2022] NSWLEC 1365 Hearing dates: 13 May 2022 Date of orders: 13 May 2022 Decision date: 13 May 2022 Jurisdiction: Class 1 Before: Douglas AC Decision: The Orders of the Court are: (1) The application is granted. (2) Within 60 days of the date of these orders, the respondent, at her expense, shall remove the eleven Cupressus torulosa trees to near ground level, poison stumps and remove refuse. (3) The tree removal works shall be completed in accordance with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (4) Should access into the applicant's property be required to complete the tree removals, the applicant shall provide access to the respondent, or to her employed contractors who hold all appropriate insurances, upon receipt of at least 48 hours written notice from the respondent, or her representative. (5) Should the respondent wish to replant a screen or hedge to replace the Cupressus torulosa hedge, all replacement planting shall be located at least two metres from the parties' common boundary, all trees or shrubs chosen shall have a fastigiate or columnar form, and they should not exceed a height of five metres. (6) Should such replacement trees reach a height approaching five metres, the respondent shall prune them, such that at no time in the future shall their height exceed five metres. (7) All works shall be completed during reasonable working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – is the obstruction of sunlight severe – balance between sunlight and privacy – removal ordered Legislation Cited: Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Trees (Disputes Between Neighbours) Act 2006 ss 9, 14A, 14B, 14E, 14F Uniform Civil Procedures Rules 2005 Sch 7 Cases Cited: Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Murphy v Moeskops (2021) NSWLEC 1686 Voeten & anor v Adams [2011] NSWLEC 1106 Wright v Jonjil Pty Ltd [2016] NSWLEC 1070 Texts Cited: Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (2009) Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: John James Pollock (First Applicant) Leonie Helen Pollock (Second Applicant) Leigh Anne Sydenham (Respondent) Representation: Counsel: C Koikas,(Applicants) K Cutting (Solicitor) (Respondent)