Milne v Herald [2022] NSWLEC 1338

Land and Environment Court New South Wales

Medium Neutral Citation: Milne v Herald [2022] NSWLEC 1338 Hearing dates: 25 November 2021 Date of orders: 5 July 2022 Decision date: 05 July 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application to remove trees T1–T4 is refused. (2) The application to prune trees T5–T8 is granted. (3) Once every year during July, commencing July 2022, the Respondent, or a suitably experienced and insured contractor engaged and paid for by the Respondent, is to prune the four camellias (T5–T8 in the application) so that each tree is no more than 4 metres above ground level measured from the base of each tree. (4) The Respondent is to give the Applicant 7 days' notice of the works in Order (3). (5) The Applicant is to allow any reasonable access necessary to complete the works in Order (3) during reasonable times of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of views – obstruction of sunlight – whether trees are planted so as to form a hedge – whether the obstruction is severe – whether the applicant had access to views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: Alameddine v Jones [2013] NSWLEC 1021 Condon v Scott [2021] NSWLEC 1160 McDougall v Philip [2011] NSWLEC 1280 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: Prudence Milne (Applicant) Anna Herald (Respondent) Representation: Counsel: T Poisel (Applicant) A Herald (Self-represented) (Respondent)