Stocker v Robbins [2020] NSWLEC 1507

Land and Environment Court New South Wales

Medium Neutral Citation: Stocker v Robbins [2020] NSWLEC 1507 Hearing dates: 27 July 2020 Date of orders: 22 October 2020 Decision date: 22 October 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is granted. (2) Within 30 days of the date of these Orders, the respondents are to prune, or engage and pay for a suitably qualified contractor to prune, all trees in the Quandong hedge (~18 trees) along their western boundary and extending to their northern boundary, so that each tree is no more than 2.5 metres above the top of the nearest part of the adjacent paling fence. (3) The respondents are to prune, or engage and pay for a suitably qualified contractor to prune, the hedge during April–May each year, beginning April–May 2021, so that each tree is no more than 3.0 metres above the top of the nearest part of the adjacent paling fence. (4) The works in Orders (2) and (3) are to be done from the respondents' property unless the applicant agrees otherwise. (5) On reasonable notice, the applicant is to allow access for cleaning up of debris following each pruning event. (6) The exhibits are returned, except for A and B. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – obstruction of sunlight – obstruction of views – whether the obstruction is severe – whether the applicant has lost access to sunlight and views – impacts on privacy Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Johnston v Arndell [2011] NSWLEC 1212 Mayes v Keene [2016] NSWLEC 1604 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (July 2020) Tweed Development Control Plan 2008 Category: Principal judgment Parties: Sasha Paul Stocker (Applicant) Alisha Allen Robbins (First Respondent) Cameron Richard Johnston (Second Respondent) Representation: S Stocker (Litigant in person) (Applicant) A Robbins (Litigant in person) (First Respondent) C Johnston (Litigant in person) (Second Respondent) File Number(s): 2020/91105 Publication restriction: No