Hennessy v Unsworth [2023] NSWLEC 1773

Land and Environment Court New South Wales

Medium Neutral Citation: Hennessy v Unsworth [2023] NSWLEC 1773 Hearing dates: 20 July 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the following orders. (2) Twice each year in April and October, beginning April 2024, the respondent is to prune, or engage a contractor to prune, the lilly pilly hedge along their eastern boundary to a height no greater than 150 mm above the top of that part of the existing boundary fence that is directly west of the applicant's living room windows W3 and W4 as numbered in the application. (3) The respondent is to give the applicant a week's notice of each pruning event in Order 2. (4) The applicant is to allow any access required for the works in Order 2 during reasonable hours of the day. (5) The exhibits are returned, other than A and B. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – reasonable effort – obstruction of views – whether the obstruction is severe – benefits of the hedge – privacy – whether privacy includes a feeling of privacy – whether the applicant's dwelling is compliant – orders for pruning Legislation Cited: State Environmental Planning Policy (Biodiversity and Conservation) 2021 Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14E, 14F Cases Cited: Antipas v Kutcher (2006) 144 LGERA 289; [2006] NSWLEC 42 Koundouris v Kresner [2022] NSWLEC 1168 Ku-ring-gai Council v Buyozo Pty Ltd (2021) 248 LGERA 300; [2021] NSWCA 177 Moss v Taylor; Morgan v Taylor; Toisuta v Taylor; Slim v Taylor [2019] NSWLEC 1215 Rees v Chen [2017] NSWLEC 1502 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Steber v Job [2019] NSWLEC 1308 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: Lucy Elizabeth Hennessy (Applicant) Amanda Unsworth (Respondent) Representation: Counsel: J Hennessy (Agent) (Applicant) H Grace (Respondent)