The Owners of Strata Plan 4033 v Hughes [2023] NSWLEC 1007

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners of Strata Plan 4033 v Hughes [2023] NSWLEC 1007 Hearing dates: 25 October 2022 Date of orders: 11 January 2023 Decision date: 11 January 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders are: (1) Within 60 days of the date of these orders, the respondent, at his expense, shall prune the initial fourteen metre section of the common boundary hedge, south of where it commences in the north-west corner of the respondent's land. The hedge shall be pruned to a height not exceeding 2.8 metres above the respondent's natural ground level. (2) During April of 2024, and during April of each subsequent year, the respondent, at his expense, shall prune the initial fourteen metre section of the common boundary hedge, south of where it commences in the north-west corner of the respondent's land, to a height not exceeding 2.8 metres above the respondent's natural ground level. (3) All pruning works shall comply with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (4) Should access be required to the applicant's property to undertake these pruning works, the applicant shall grant such access upon receipt of at least 72 hours written notice from the respondent. (5) All works shall be undertaken during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – view obstruction severity – balance between views and privacy Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 ss 14A, 14B, 14C, 14E, 14F, Pt 2A Cases Cited: Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 McDougall v Philip [2011] NSWLEC 1280 Texts Cited: Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016 Category: Principal judgment Parties: Owners of Strata Plan 4033 (Applicant) David Hughes (Respondent) Representation: C James (Agent) (Applicant) Non-appearance (Respondent) File Number(s): 2022/190340 Publication restriction: No