Wein v Reeves

[2022] NSWLEC 1019

Land and Environment Court

New South Wales

Medium Neutral Citation:

Wein v Reeves [2022] NSWLEC 1019

Hearing dates:

28 October 2021

Date of orders:

19 January 2022

Decision date:

19 January 2022

Jurisdiction:

Class 2

Before:

Douglas AC

Decision:

The orders of the Court are:

1) The application is dismissed.

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) – were the trees planted so as to form a hedge - do the trees form a hedge – are views severely obstructed – balancing of interests

Legislation Cited:

Trees (Disputes Between Neighbours) Act 2006,

ss14A, 14B, 14E, 14F, Pt 2A

Cases Cited:

Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122

Haindl v Daisch [2011] NSWLEC 1145

Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192

Tenacity Consulting Pty Ltd v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140

Wisdom v Payn [2011] NSWLEC 1012

Texts Cited:

AS4373-2007 Pruning of amenity trees

Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (2009)

Safe Work Australia – Guide to the managing of risk of tree trimming and removal work, July 2016

Category:

Principal judgment

Parties:

Glenn Wein (Applicant)
Steven Reeves (Respondent)

Representation:

Counsel:
R O’Gorman - Hughes (Applicant)
M Boulton (Respondent)

Solicitors:
Comino Daniels Lawyers (Applicant)
Brock Partners (Respondent)

File Number(s):

2021/234386

Publication restriction:

No

Judgment

Background

1. COMMISSIONER: Glenn Wein, the applicant, owns a property in Vaucluse, high up a slope overlooking the respondent’s property to the north, beyond which he enjoys extensive views of the eastern reaches of Sydney Harbour, and the associated coastal landscape. The property shares a rear boundary with that of the respondent, Steven Reeves.

2. Mr Wein purchased and renovated his three-storey property in 2011 and 2012, and claims that since then, trees in the respondent’s property have grown, such that they now create a severe obstruction to views from his dwelling. His application included a chronology of contact between Mr Wein and his solicitor, and the respondent since September 2017, with respect to potential tree pruning.

3. So as to remedy, restrain or prevent a severe obstruction of any view from a dwelling, Mr Wein submitted an application with the Land and Environment Court (LEC), pursuant to s 14B of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act), seeking pruning of hedges in the respondent’s rear yard.

Proposed orders

4. The proposed (anonymised and abridged) orders are;

1. Within 28 days of the making of these orders, the respondent is to arrange for a qualified arborist with minimum AQF Level 3 qualification and with appropriate insurance to prune trees numbers T1 to T7 inclusive forming two high hedges as described in paragraphs (2) and (3) below (“the initial pruning works”). The initial pruning works are to be undertaken in accordance with Safe Work Australia – Guide to the managing of risk of tree trimming and removal work, July 2016.

2. Trees T5 and T6 undergo an initial pruning commissioned by the respondent to 1 metre below the level of the Proposed Pruning Line as delineated on Attachment G…