Brandt v Shanahan [2020] NSWLEC 1690

Land and Environment Court New South Wales

Medium Neutral Citation: Brandt v Shanahan [2020] NSWLEC 1690 Hearing dates: 17 September 2020 Date of orders: 17 September 2020 Decision date: 17 September 2020 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) Within 30 days of the date of these orders, the respondents, at their expense, shall prune a continuous row of 12 Juniper trees, comprising a section of their hedge, so that none of these 12 trees exceed a height of 2.10 metres above their current ground level. The trunk base of the Juniper tree at the northern end of this continuous row (T1), is located approximately 1.75 metres south of an east-west alignment drawn along the face of the brickwork surrounding the south facing window, located nearest the south-western corner of the respondents house, and extending to their western property boundary. The trunk base of T1 is currently in alignment with the vertical step in the applicant's Photinia hedge. The other 11 Juniper trees to which this order applies, comprise a continuous row to the south of T1. (2) The respondents, at their expense, shall maintain this continuous row of 12 Juniper trees, so that at no time in the future, shall any of these 12 trees exceed a height of 2.10 metres above their current ground level. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – is the obstruction of views severe in this context – other contributions to view obstruction – future considerations not relevant Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Tooth v McCombie [2011] NSWLEC 1004 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Camden Development Control Plan 2019 Land and Environment Court of New South Wales, Annotated Trees Act Category: Principal judgment Parties: Heidi Brandt (Applicant) Tim Shanahan (First Respondent) Alice Marie Shanahan (Second Respondent) Representation: H Brandt (Litigant in person) (Applicant) T Shanahan (Litigant in person) (First Respondent) A Shanahan (Litigant in person) (Second Respondent) File Number(s): 2020/133063 Publication restriction: Nil