Porteous v Mares [2022] NSWLEC 1544

Land and Environment Court New South Wales

Medium Neutral Citation: Porteous v Mares [2022] NSWLEC 1544 Hearing dates: 29 March 2022 Date of orders: 05 October 2022 Decision date: 05 October 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is granted to the extent of the following orders. (2) Until such time as the Respondents' bamboo hedges are removed, in May and November each year beginning November 2022 the Respondents are to engage and pay for a suitably qualified and experienced contractor to prune all bamboo in Hedge A to a height no greater than 3.8 metres above the top of the existing sleeper wall supporting the garden bed along the parties' common boundary; and to prune all bamboo in Hedges B and C to a height no greater than the pruned height of Hedge A. (3) The Respondents are to give the Applicants one week's notice of each pruning event. (4) For each pruning event, the Applicants are to allow reasonable access during reasonable hours of the day for the contractor to complete the pruning and clean-up. (5) If the bamboo in Hedges A, B or C is removed, any replacement hedge planting is to be of a species that grows no taller than 3.8 metres, or is to be maintained below 3.8 metres in height. (6) The exhibits are returned, other than Exhibits A, B, D, 1 and 2. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2A application – neighbouring hedges – obstruction of views – whether the obstruction is severe – whether the applicants have lost access to views – privacy and other benefits of the trees Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, s 3, Pt 2A, ss 14A, 14B, 14C, 14D, 14E, 14F Cases Cited: McDougall v Philip [2011] NSWLEC 1280 Steber v Job [2019] NSWLEC 1308 Taylor v Dixon [2022] NSWLEC 1083 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: Heath Porteous (First Applicant) Julie Porteous (Second Applicant) Jason Mares (First Respondent) Diana Dica (Second Respondent) Representation: Counsel: H Porteous (Self-represented) (First Applicant) J Porteous (Self-represented) (Second Applicant) M Wirth (Solicitor) (Respondents)