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
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
JUDGMENT
This decision was given as an extemporaneous decision. It was given orally and has been revised and edited prior to publication.
Background
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When Louise Sneesby, the applicant, occupied her property in Dubbo in 2012, a row of Photinia robusta (the trees), growing along the common boundary in a side neighbour’s property, were said to be at fence height, about 1.8 metres (m) tall. Georgia Pirie, the respondent who owns the trees, contended they were planted around 2009 and were about 2.1 m tall upon the applicant’s occupation. The parties’ dwellings face a street to the south and Ms Pirie’s property is west of Ms Sneesby’s land.
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Ms Pirie subsequently allowed the trees to grow taller, such that Ms Sneesby now claimed they had reached a height of 4.3 m and severely obstructed sunlight to five west-facing windows along the side of her dwelling. Ms Pirie said the barrier created by the trees helped contain balls with which her children played, thus reducing conflict with Mr and Ms Sneesby, which allegedly arose when balls went over…
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- AGLC
- Sneesby v Pirie [2024] NSWLEC 1523
- Case
- [2024] NSWLEC 1523
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the hedge exceeded the permissible height as stipulated in the relevant local government by-laws. Additionally, the court needed to ascertain the appropriate measures to address the hedge's height, including the specification of the required pruning works, the qualifications of the contractor, and the conditions under which the works should be carried out. The court had to balance the rights of both parties to enjoy their properties without undue interference from neighbouring structures.
In its decision, the court found that the hedge indeed exceeded the allowable height. The court ruled that the hedge should be pruned to a height not exceeding 2.8 metres above ground level. It further mandated that the pruning works be carried out by a qualified contractor with the appropriate insurances and in accordance with Safework Australia guidelines. The court also specified that the pruning should occur annually in May, with the respondent bearing the costs of the works. Furthermore, the court provided for the applicant to grant access to the contractor under certain conditions, ensuring that the respondent could undertake the necessary maintenance while respecting the applicant’s property rights.
The court's orders were detailed and specific, outlining the exact height to which the hedge must be pruned, the qualifications of the contractor, and the timing and conditions for the pruning works. The respondent was directed to undertake the pruning works within a specified timeframe and in compliance with the stipulated guidelines. The court's decision was aimed at resolving the dispute in a manner that respects both parties' rights and ensures the hedge does not unduly interfere with the applicant's enjoyment of his property.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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