Cofrancesco & anor v Draper & anor [2017] NSWLEC 1757

Land and Environment Court New South Wales

Medium Neutral Citation: Cofrancesco & anor v Draper & anor [2017] NSWLEC 1757 Hearing dates: 20 October 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Class 2 Before: Fakes AC Decision: See [33] Catchwords: TREES [NEIGHBOURS] Damage to property; Hedge – obstruction of views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Trees (Disputes Between Regulation) 2014 Cases Cited: Dias v Vaswani [2011] NSWLEC 1274 Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Prowse & anor v Porter & anor [2016] NSWLEC 1135 Robson v Leischke [2008] NSWLEC 152 Category: Principal judgment Parties: Kerry Ann & Tullio Cofrancesco (Applicants) Antony & Katherine Draper (Respondents) Representation: Applicants: Mr R Harris(Solicitor) Respondents: Mr S Nash (Barrister)

Solicitors: Applicants: Harris Legal Respondents: Branston Neville Lawyers File Number(s): 224704/2017

JUDGMENT 1. COMMISSIONER: The parties in this matter own large Rural Landscape zoned lots in Glenorie. 2. The applicants have applied under both s 7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act). Under Part 2, the applicants are seeking orders for the removal of Bamboo and a vine, which they contend have damaged the dividing fence; they allege the bamboo has damaged plants in their garden. They also seek the replacement of that fence. Under Part 2A, the applicants request either the removal or pruning of 25 Leighton Green Leyland Cypress trees and three 'Liquidambar/ large canopy deciduous trees' on the basis that the trees obstruct their views of the mountains. If the trees are to be retained they seek orders that the trees be maintained to a maximum height of 1.8m.