McPherson v Alper [2024] NSWLEC 1258

McPherson v Alper [2024] NSWLEC 1258

The cypress hedge severely obstructs sunlight to ground-floor windows and severely obstructs valued views from the applicant's dwelling. The applicant's interests in removing the obstruction outweigh any privacy or amenity provided by the trees to the respondent. Removal rather than pruning is appropriate due to species characteristics and maintenance difficulties.

Parties
Applicant: Murray John McPherson; Respondent: Emre Alper
Jurisdiction
Australia
Judgment Date
16 May 2024
Procedural Posture
Trees (disputes Between Neighbours) Act 2006 Pt 2 a Application / Final Judgment
Outcome
Application granted in part; orders for removal of trees 1–12 and restriction on hedge replanting.
Legal Topics
Tree Removal, Obstruction of Sunlight, Obstruction of Views, Privacy Between Neighbours
Environmental Law Property Law Tree Removal Obstruction of Sunlight Obstruction of Views Privacy Between Neighbours

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Parties

Murray John McPherson

Applicant

Emre Alper

Respondent

Procedural Posture

Trees (disputes Between Neighbours) Act 2006 Pt 2 a Application / Final Judgment

Legal Issues

  1. 1 Whether the hedge of cypress trees severely obstructs sunlight to the applicant's dwelling windows
  2. 2 Whether the hedge of cypress trees severely obstructs views from the applicant's dwelling
  3. 3 Whether the applicant's interest in having the obstruction removed outweighs the respondent's interests

Ratio Decidendi

The cypress hedge severely obstructs sunlight to ground-floor windows and severely obstructs valued views from the applicant's dwelling. The applicant's interests in removing the obstruction outweigh any privacy or amenity provided by the trees to the respondent. Removal rather than pruning is appropriate due to species characteristics and maintenance difficulties.

Court Disposition

Application granted in part; orders for removal of trees 1–12 and restriction on hedge replanting.

Orders

  • Within 30 days, the respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) to remove trees 1–12 as identified in the application.
  • Tree removal works to be done in accordance with AS4373-2007 and Safe Work Australia Guide to managing risks of tree trimming and removal work (2016).