Sneesby v Pirie [2024] NSWLEC 1523

Land and Environment Court New South Wales

Medium Neutral Citation: Sneesby v Pirie [2024] NSWLEC 1523 Hearing dates: 20 May 2024 Date of orders: 20 May 2024 Decision date: 20 May 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) Within 30 days of the date of these orders, the respondent, at her expense, shall have the section of the Photinia hedge adjacent to the applicant's dwelling pruned to a height not exceeding 2.8 metres above ground level, measured from the respondent's side. (2) The pruning works in Order 1 shall be completed by an Australian Qualification Framework (AQF) level 3 arborist, landscape gardener, or horticulturist with all appropriate insurances (the contractor). (3) During May of 2025 and during May of each subsequent year, the respondent, at her expense, shall direct the contractor to undertake pruning of the hedge in accordance with Order 1. (4) The pruning works shall comply with Safework Australia, Guide to managing risks of tree trimming and removal work, 2016, and shall be undertaken during normal daytime working hours. (5) Should the contractor require access to the applicant's property to quote or undertake the works, or tidy the site, the applicant shall provide access, subject to 72 hours' notice by email. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – trees are severely obstructing sunlight to windows in service rooms – s 14F considerations important Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Pt 2A, S 14A, 14B, 14C, 14E, 14F Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Voeten v Adams [2011] NSWLEC 1106 Texts Cited: Safework Australia, Guide to managing risks of tree trimming and removal work, 2016 Category: Principal judgment Parties: Louise Sneesby (Applicant) Georgia Pirie (Respondent) Representation: L Sneesby (Self-represented) (Applicant) G Pirie (Self-represented) (Respondent) File Number(s): 2024/78752 Publication restriction: Nil