Owners of Strata Plan 4015 v Mizrachi [2024] NSWLEC 1304

Land and Environment Court New South Wales

Medium Neutral Citation: Owners of Strata Plan 4015 v Mizrachi [2024] NSWLEC 1304 Hearing dates: 04 March 2024 Date of orders: 07 June 2024 Decision date: 07 June 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders: (1) Within 30 days of the date of the date of these orders, the respondents, at their expense, shall prune the bamboo hedge adjacent to their western boundary, to a height not exceeding 3.5 metres above the level of the respondents' swimming pool coping. (2) During November 2024, and during May and November of each subsequent year, the respondents, at their expense, shall prune the bamboo hedge adjacent to their western boundary, to a height not exceeding 3.5 metres above the level of the respondents' swimming pool coping. (3) The pruning works in orders (1) and (2) shall be undertaken by AQF level 3 qualified arborists or qualified horticulturists (the contractor), with all appropriate insurances. (4) Should access be required to the applicant's property to undertake these pruning works, the applicant shall grant all reasonable access upon receipt of at least 72 hours emailed notice from the respondents, with an attached copy of the contractor's insurance Certificates of Currency. (5) Should the bamboo be replaced in future, any alternative planting shall be maintained at or below a height of 3.5 metres above the level of the respondents' swimming pool coping. (6) All pruning works shall comply with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016 and shall be undertaken during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – bamboo – view obstruction severe – sunlight obstruction – balance between redemption of ocean views and privacy – pruning ordered Legislation Cited: Environmental Planning and Assessment Act 1979 Trees (Disputes Between Neighbours) Act 2006, ss 6, 14A, 14B, 14C, 14D, 14E, 14F, Pt 2A Trees (Disputes between Neighbours) Regulation 2019, s 4 Cases Cited: Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Review of the Trees (Disputes Between Neighbours) Act 2006, NSW Department of Justice and Attorney General, November 2009 Safe Work Australia, Guide to managing risks of tree trimming and removal work, 2016. Waverley Development Control Plan, 2022 Category: Principal judgment Parties: Owners of Strata Plan 4015 (Applicant) Alon Mizrachi (First Respondent) Rachel Mizrachi (Second Respondent) Representation: Counsel: B Gallifuoco (Applicant) K Mezinec (Solicitor) (Respondent)