Bedford v Basedow [2023] NSWLEC 1474

Land and Environment Court New South Wales

Medium Neutral Citation: Bedford v Basedow [2023] NSWLEC 1474 Hearing dates: 27 April 2023 Date of orders: 27 April 2023 Decision date: 27 April 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 employ a fencer or handyman, with all appropriate insurances, to repair the section of the common boundary fence comprising fence panels 2,3,4 and 5 and posts 2,3,4,5 and 6 west of the post at the fence's eastern corner, which shall be deemed post 1. (2) The fence repair in Order 1 shall comprise the removal of top plates and panels 2,3,4 and 5, realignment of each post, 2,3,4,5 and 6 to render them vertical, and cutting of the lower portion of each panel as required to reinstate the panels into the existing bottom plates, and reinstate the top plates, so that the top of each panel's top plate is horizontal, and consistent with the height of the adjoining panels 1 and 6. (3) The fence repair in Order 1 shall be completed in a single continuous operation to minimise the period that the fence section is absent. (4) The respondent shall advise the applicant of the date and approximate starting time of the fence works by email and provide at least 72 hours' notice. (5) The applicant shall provide all reasonable access to the respondent's contractor, who holds all appropriate insurances, to complete the works. (6) The works shall be undertaken during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – apprehension of damage to house and yard – pine needles falling onto roof and gutters – fence damage from tree roots – orders made Legislation Cited: Environmental Planning and Assessment Act 1979 Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 8, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Blue Mountains City Council Development Control Plan 2015 Standards Australia, AS4373-2007: Pruning of amenity trees XXXX Category: Principal judgment Parties: Grenville Bedford (Applicant) Wayne Basedow (Respondent) Representation: G Bedford (Self-represented) (Applicant) W Basedow (Self-represented) (Respondent) File Number(s): 2022/376764 Publication restriction: Nil