Robinson v Nagel [2021] NSWLEC 1356

Land and Environment Court New South Wales

Medium Neutral Citation: Robinson v Nagel [2021] NSWLEC 1356 Hearing dates: 12 April 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted. (2) Within 30 days of the date of these orders the respondents are to engage a suitably experienced landscape contractor, with all appropriate insurances, to remove all bamboo growing along their rear boundary. (3) The respondents are then to take any steps necessary to prevent the bamboo regrowing. (4) The respondents are to give the applicants at least 2 days' notice of the works in Order (2). (5) The applicants are to allow any access required to their property for the purpose of cleaning up debris resulting from Order (2). (6) Any further hedge planting along the respondents' rear boundary is to be of a species that grows to no more than 2 metres in height at maturity. (7) The exhibits are returned, except for Exhibits A, B, E and 2. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – bamboo – whether the bamboo is planted to form a hedge – view obstruction – whether the view obstruction is severe – balancing of issues – privacy – burden of ongoing pruning orders – resolving the dispute – orders for removing bamboo Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Trees (Disputes Between Neighbours) Regulation 2019, reg 4 Cases Cited: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Moss v Taylor; Morgan v Taylor; Toisuta v Taylor; Slim v Taylor [2019] NSWLEC 1215 Steber v Job [2019] NSWLEC 1308 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Wisdom v Payn [2011] NSWLEC 1012 Wood v Barnes [2017] NSWLEC 1106 Category: Principal judgment Parties: Douglas Charles Robinson (First Applicant) Susan Elizabeth Robinson (Second Applicant) Anthony John Nagel (First Respondent) Elizabeth Mary Nagel (Second Respondent) Representation: Counsel: N Hammond (Applicants) L Sims (Respondents)