Dempsey v Cignetti [2023] NSWLEC 1224

Land and Environment Court New South Wales

Medium Neutral Citation: Dempsey v Cignetti [2023] NSWLEC 1224 Hearing dates: 2 February 2023 Date of orders: 12 May 2023 Decision date: 12 May 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) Within 60 days of the date of these orders, the respondents, at their expense, shall employ AQF level 3 qualified arborists, with all appropriate insurances, to prune the eight Cupressocyparis leylandii 'Leighton Green' (Leyland Cypress) comprising the respondents' northern boundary hedge to a level equivalent with the height of the bottom of the floor of the applicant's balcony. (2) During July of 2025, and during July of every second year thereafter, the respondents, at their expense, shall employ AQF level 3 qualified arborists, with all appropriate insurances, to prune the eight Leyland Cypress comprising the respondents' northern boundary hedge to a height approximately 150 mm above the height of pruning in Order 1. This will restrict subsequent maintenance pruning to small regrowth. (3) The pruning shall be completed in accordance with the Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (4) Should access be required to prune the top of the hedge from within the applicant's property, so as to comply with orders (1) or (2), or to remove debris, the applicant shall provide all reasonable access to the respondents, or arborists, who hold all appropriate insurances, who the respondents employ to comply with orders (1) or (2), upon receipt of at least 72 hours emailed notice from the respondents. (5) The works shall be completed during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – are views severely obstructed – balancing of views and privacy – pruning ordered Legislation Cited: Interpretation Act 1987 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14C, 14D, 14E, 14F Cases Cited: Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Randwick Development Control Plan 2013 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: Michele Louise Dempsey (Applicant) Joanne Cignetti (First Respondent) Remo Cignetti (Second Respondent) Representation: M Dempsey (Self-represented) (Applicant) J Cignetti (Self-represented) (First Respondent) R Cignetti (Self-represented) (Second Respondent) File Number(s): 2022/334179 Publication restriction: Nil