The Court held that potted vegetation of varying species, heights, and arrangements creating a garden-like setting on an apartment balcony was not 'planted so as to form a hedge' under s 14A(1) of the Trees (Disputes Between Neighbours) Act 2006 (NSW), applying the purposive planting requirement from Johnson v Angus. The Court further held that 'existing ground level' for measuring the 2.5m height threshold should be taken from the floor level of the balcony on which the pots sit, not from the earth's surface four storeys below, meaning the vegetation (measured at a maximum of 2.37m from floor level) did not meet the statutory height requirement. Even if jurisdictional thresholds had been met, the view obstruction was assessed as minor to moderate rather than 'severe' as required by s 14E(2)(a)(ii), applying the Tenacity Consulting planning principle on view sharing.
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