Bonner v D’Arcy [2021] NSWLEC 1329

Land and Environment Court New South Wales

Medium Neutral Citation: Bonner v D'Arcy [2021] NSWLEC 1329 Hearing dates: 12 April 2021 Date of orders: 8 June 2021 Decision date: 08 June 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, other than Exhibits A, F and 4. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – whether the trees are planted to form a hedge – obstruction of views – whether the obstruction is severe – application dismissed Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, s 14A, 14B, 14D, 14E, 14F Cases Cited: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Texts Cited: AS 4373–2007 'Pruning of amenity trees' Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (2009) Category: Principal judgment Parties: Chelsea Bonner (Applicant) John William D'Arcy (First Respondent) Leslie Patricia D'Arcy (Second Respondent) Representation: Counsel D Loether (Solicitor) (Applicant) I Smith (Solicitor) (Respondents)

Solicitors Bartier Perry Lawyers (Applicant) Harris & Company Solicitors (Respondents) File Number(s): 2020/323056 Publication restriction: No

Judgment

Background to the application 1. At the rear of the Fairlight property belonging to John and Leslie D'Arcy ('the respondents') are three mature trees: two weeping figs (Ficus benjamina) and a box elder (Acer negundo). They provide shade and amenity behind the D'Arcys' dwelling. Chelsea Bonner ('the applicant') lives upslope from the D'Arcys' property, their common boundary being the rear boundary of each property. The back of Ms Bonner's dwelling faces south toward North Harbour and Reef Bay. She claims the trees severely obstruct the view from her dwelling. Ms Bonner has applied to the Court, pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act'), seeking orders for removal of the weeping figs, annual pruning of the box elder, restrictions on any replacement plantings, and her costs in these proceedings.