McPherson v Alper [2024] NSWLEC 1258

Land and Environment Court New South Wales

Medium Neutral Citation: McPherson v Alper [2024] NSWLEC 1258 Hearing dates: 14 February 2024 Date of orders: 16 May 2024 Decision date: 16 May 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the following orders. (2) Within 30 days of the date of these orders, the respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3), with all appropriate insurances, to remove trees 1–12 as identified in the application ('the tree works'). The tree works are to be done in accordance with AS4373-2007 'Pruning of amenity trees' and the Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016. (3) Should the respondent replant a hedge along the length of the boundary where the trees are removed, the hedge must be of a species that reaches no more than 3 metres at maturity. (4) The exhibits are returned, except for Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2A application – cypress hedge – obstruction of sunlight and views – whether the obstruction is severe – privacy – whether the trees should be pruned or removed Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14E, 14F Cases Cited: Haindl v Daisch [2011] NSWLEC 1145 Tenacity Consulting v Waringah (2004) LGERA 23; [2004] NSWLEC 140 Texts Cited: Australian Standard, AS4373-2007 Pruning of amenity trees, 2007 Safe Work Australia, Guide to managing risks of tree trimming and removal work, 2016 Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Murray John McPherson (Applicant) Emre Alper (Respondent) Representation: Counsel: M McMahon (Solicitor) (Applicant) E Alper (Self-represented) (Respondent)