Jensen v Low & Davis-Low [2018] NSWLEC 1539

Land and Environment Court New South Wales

Medium Neutral Citation: Jensen v Low & Davis-Low [2018] NSWLEC 1539 Hearing dates: 23 August 2018; 06 September 2018; 13 September 2018 Date of orders: 19 October 2018 Decision date: 13 September 2018 Jurisdiction: Class 2 Before: Douglas AC Decision: (1) The application is upheld; (2) Within 90 days of the date of these orders, the respondents are to engage and pay for an AQF level 3 (tradesperson) arborist or horticulturist with all appropriate insurances to remove the 52 Leyland Cypress trees along the southern and western boundaries adjacent to the road; OR (3) Within 90 days of the date of these orders, the respondents are to engage and pay for a suitably qualified arborist (minimum AQF level 3) with all appropriate insurances to prune the 52 Leyland Cypress trees to a height so that the top surface of the hedge is no more than 6.0 metres above ground level, and are to maintain the top surface of hedge below 6.5 metres above ground level on an ongoing basis; (4) If the existing hedge is removed as per Order 2, replanting a hedge of a different species of tree along the same section of the boundary is recommended. The height of this subsequent hedge must be maintained below 5.5 metres above ground level on an ongoing basis; (5) The works are to be done in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. Catchwords: TREES (NEIGHBOURS): hedge – loss of views Legislation Cited: Interpretation Act 1987 Trees (Disputes Between Neighbours) Act 2006 Trees (Disputes Between Neighbours) Regulation 2007 Cases Cited: Gillis v Seferian [2011] NSWLEC 1199 Ingham v Pettigrew [2016] NSWLEC 1002 P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128 Texts Cited: 2009 Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW) AS4373 Pruning of Amenity Trees WorkCover NSW Code of Practice for the Amenity Tree Industry Category: Principal judgment Parties: Thomas March Jensen (Applicant) Gavin Low (First Respondent) Marion Davis-Low (Second Respondent) Representation: Thomas March Jensen, litigant in person (Applicant) Gavin Low, litigant in person (First Respondent) Marion Davis-Low, litigant in person (Second Respondent) File Number(s): 2018/169083 Publication restriction: No