Cooper v Clayton [2020] NSWLEC 1114

Land and Environment Court New South Wales

Medium Neutral Citation: Cooper v Clayton [2020] NSWLEC 1114 Hearing dates: 16 January 2020 Date of orders: 16 January 2020 Decision date: 16 January 2020 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) Within 60 days of the date of these orders: (a) the respondent shall determine the height at which Tree 8, at the eastern end of the hedge, is to be pruned by projecting a horizontal line from the top rail of the balcony of either of the two eastern most apartments to the tree (1.05m above the deck floor level). (b) Tree 8 at the eastern end of the hedge shall be pruned to the height based on this horizontal line projected from the top of the balcony railing of either of the two eastern most apartments to the tree (1.05m above the deck floor level). (c) after this pruning, the height of Tree 8 above ground level shall be measured at its base, and Lilypily trees 6, 5, 4, 3 and 1 shall be pruned at this height relative to the ground level of each tree. This will result in trees of equal height, regardless of the slope of the land. Trees 2 and 7 shall remain unpruned. (2) These six trees (T1, 3, 4, 5, 6 and 8) shall be maintained by re pruning the trees as per Order (1) every two years, based on the date of pruning that Order (1) is initially completed. (3) Pruning shall be completed by an AQF level 3 Arborist with all appropriate insurance, shall comply with AS4373:2007 (Pruning of amenity trees), and shall meet all requirements of Safework Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016 (4) The respondent shall notify the applicant in writing at least 48 hours prior to the works proceeding, and the applicant shall allow the contractor access into his property to undertake the works, should it be required. (5) For each pruning operation, each party shall get up to two quotes. If parties cannot agree on a contractor, the cheapest quote shall be selected. Within 30 days of receipt of a paid invoice, after completion of each of the pruning works, the applicant shall reimburse the respondent for 50% of the cost of the works. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – views and privacy Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: AS4373:2007 (Pruning of amenity trees) Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: John Cooper (Applicant) Wayne Clayton (First Respondent) Dian Clayton (Second Respondent) Representation: J Cooper (Litigant in person) (Applicant) W Clayton (Litigant in person) (Respondent) File Number(s): 2019/329498 Publication restriction: No