Condon v QC Civil Pty Ltd [2022] NSWLEC 1743

Land and Environment Court New South Wales

Medium Neutral Citation: Condon v QC Civil Pty Ltd [2022] NSWLEC 1743 Hearing dates: 26 October 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – trees not severely obstructing sunlight – jurisdiction of Act does not extend to obstruction of sunlight in back yard Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Pt 2 – ss 7, 8, 9, 10, 12 Pt 2A – ss 14A, 14B, 14E, 14F Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Ku-ring-gai Development Control Plan Category: Principal judgment Parties: Ann Condon (Applicant) QC Civil Pty Ltd (Respondent) Representation: A Condon (Self - represented) (Applicant) J Sze (Director: Self - represented) (Respondent) File Number(s): 2022/202177 Publication restriction: No

Judgment

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

Background 1. Ms Condon, (the Applicant), has lived at her St Ives property for 46 years. She shares a boundary with the Respondent, QC Civil Pty Ltd, where her northern side boundary meets the rear of the Respondent's land. 2. About 9 years ago, seven Juniperus chinensis 'Keteleeri' (Chinese Juniper) (the trees), a small evergreen conifer with Cypress-like foliage, were planted on the Respondent's land, along the common boundary, in close proximity to Ms Condon's rear deck and back yard swimming pool. 3. The Applicant claims that the trees have grown sufficiently large that they severely obstruct sunlight to her dwelling, her deck and to her pool, and also that all seven trees are likely to cause damage to her house, deck and pool. 4. Within her application, Ms Condon provided a copy of email communication with Jason Cola, a resident of the Respondent's property, between September and November 2021, requesting intervention with the trees. The Respondent noted organising pruning with a gardener, but it appears that no work proceeded at this time. 5. As a consequence, Ms Condon submitted an application with the Land and Environment Court, pursuant to s 7 of Pt 2 of the Trees (Disputes between Neighbours) Act 2006 (the Trees Act), to remedy damage that the trees are likely to cause in the near future, and pursuant to s 14B of Pt 2A of the Act, where she seeks orders to remedy a severe obstruction of sunlight by the trees.