Richards v Sharp [2021] NSWLEC 1423

Land and Environment Court New South Wales

Medium Neutral Citation: Richards v Sharp [2021] NSWLEC 1423 Hearing dates: 22 July 2021 Date of orders: 22 July 2021 Decision date: 22 July 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – whether the trees are planted to form a hedge – obstruction of a view – overhanging branches – limitations for residents dealing with neighbouring trees Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Texts Cited: Sutherland Shire Council Development Control Plan 2015, Ch 39 Sutherland Shire Council, Trees on Private Property Sutherland Shire Council, Trees on Neighbour's Property Category: Principal judgment Parties: Dean Richards (Applicant) Anna Sharp (Respondent) Representation: D Richards (Litigant in Person) (Applicant) A Sharp (Litigant in Person) (Respondent) J Sharp (Agent) (Respondent) File Number(s): 2021/120763 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background to the application 1. Dean Richards ('the applicant') has applied to the Court pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act'), seeking orders relating to three neighbouring trees. Mr Richards, a residential tenant at his Maianbar property, finds the trees overhang his boundary, grow close to his dwelling, and obstruct his views. His neighbours, Anna and John Sharp ('the respondents'), have refused any permission for him to prune the trees.