Langer v Slezak & anor; Langer v Cohn [2015] NSWLEC 1031

Langer v Slezak & anor; Langer v Cohn [2015] NSWLEC 1031

The Court was satisfied that the Bhutan Cypress trees formed hedges within the Trees Act, that they caused severe obstruction to valuable water views from the applicant's dwelling, and that the benefits of the trees, including privacy and amenity for the respondents, did not outweigh the obstruction because those benefits could be replaced through suitable replanting. Pruning was unsuitable, and removal with replacement plantings and height controls was an appropriate remedy, so the consent orders were made.

Jurisdiction
Australia
Judgment Date
26 February 2015
Procedural Posture
Class 2 Applications Under Section 14 B of Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Orders by Consent
Outcome
Applications upheld; consent orders made for tree removal, stump grinding, replacement planting and maintenance of replacement and remaining trees at or below 5 metres.
Legal Topics
['hedges' 'obstruction of Views' 'tree Removal and Replanting' 'consent Orders']
['trees Disputes Between Neighbours' 'land and Environment'] ['hedges' 'obstruction of Views' 'tree Removal and Replanting' 'consent Orders']

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Procedural Posture

Class 2 Applications Under Section 14 B of Part 2 a of the Trees (disputes Between Neighbours) Act 2006 / Orders by Consent

Legal Issues

  1. 1 ['Whether the Bhutan Cypress trees formed hedges satisfying s 14A(1) of the Trees (Disputes Between Neighbours) Act 2006.' "Whether the hedges caused severe obstruction of views from the applicant's dwelling under s 14E(2)(a)(ii) of the Trees (Disputes Between Neighbours) Act 2006." "Whether the trees' benefits outweighed the view obstruction under s 14E(2)(b) of the Trees (Disputes Between Neighbours) Act 2006." 'Whether the consent orders for removal, stump grinding, replacement planting and height maintenance were appropriate.']

Ratio Decidendi

The Court was satisfied that the Bhutan Cypress trees formed hedges within the Trees Act, that they caused severe obstruction to valuable water views from the applicant's dwelling, and that the benefits of the trees, including privacy and amenity for the respondents, did not outweigh the obstruction because those benefits could be replaced through suitable replanting. Pruning was unsuitable, and removal with replacement plantings and height controls was an appropriate remedy, so the consent orders were made.

Court Disposition

Applications upheld; consent orders made for tree removal, stump grinding, replacement planting and maintenance of replacement and remaining trees at or below 5 metres.

Orders

  • ['21025 of 2014: The application is upheld.' '21025 of 2014: Within six months of the date of these orders the applicant is to engage and pay for a suitably qualified arborist (minimum AQF level 3 and member of the Tree Contractors Association of Australia) to remove the eleven trees in Hedge 1 referred to as T1—T11...