Marton v Pontin [2021] NSWLEC 1601

Land and Environment Court New South Wales

Medium Neutral Citation: Marton v Pontin [2021] NSWLEC 1601 Hearing dates: 21 July 2021 Date of orders: 13 October 2021 Decision date: 13 October 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, except for Exhibits A, B and 4. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – neighbouring trees – trees are not planted to form a hedge – obstruction of a view –the obstruction is not severe – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: Bonner v D'Arcy [2021] NSWLEC 1329 Haindl v Daisch [2011] NSWLEC 1145 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 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Wisdom v Payn [2011] NSWLEC 1012 Wise v Hickey [2019] NSWLEC 1524 Category: Principal judgment Parties: Stephen Marton (Applicant) Andrew Pontin (First Respondent) Marina Pontin (Second Respondent) Representation: Counsel: S Marton (Litigant in Person) (Applicant) L Sims (Respondents) File Number(s): 2021/82398 Publication restriction: No

Judgment

Background to the application 1. Stephen Marton ('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 neighbouring trees, on the basis that they severely obstruct his access to views and sunlight. He seeks orders for trees in hedges on the neighbouring Warriewood property belonging to Marina and Andrew Pontin ('the respondents'), to be pruned and maintained at 1.8 metres, and for other trees in the Pontins' garden to comply with conditions of their Development Consent.