Chang v Yates [2023] NSWLEC 1260

Land and Environment Court New South Wales

Medium Neutral Citation: Chang v Yates [2023] NSWLEC 1260 Hearing dates: 28 April 2023 Date of orders: 31 May 2023 Decision date: 31 May 2023 Jurisdiction: Class 2 Before: Gray C Decision: The Court orders that: (1) The application is granted. (2) By 30 June 2023, the respondents, by themselves or by engaging a suitably qualified and experienced arborist with appropriate insurances, are to: (a) Remove the Golden champa trees identified as T3 and T4 in Annexure A. (b) Remove the Sweet viburnum tree identified as T2 in Annexure A. (c) Prune the Sweet viburnum identified as T6, T7, T8, T9, T10, T11 and T12 in Annexure A, to a height of 3m. (3) Every 6 months, the respondents, by themselves or by engaging a suitably qualified and experienced arborist with appropriate insurances, are to prune the trees identified as T6, T7, T8, T9, T10, T11 and T12 in Annexure A to reduce their height to no more than 3m above ground level measured from the base of each tree. (4) All tree pruning and removal works ordered above are to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (5) The applicant is to allow any access required by the respondents or their contractors for the purposes of completing and cleaning up the works in Order 2. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – neighbouring hedge – whether the trees severely obstruct views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Pt 2A, ss 6, 14A, 14D, 14E, 14F Cases Cited: Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Mosman Development Control Plan 2012 Category: Principal judgment Parties: Hong Chang (Applicant) Christopher John Yates (First respondent) Marta Yates (Second respondent) Representation: Counsel: G Shapiro (Solicitor) (Applicant) C Koikas (Respondents)