Welsh v Radford [2023] NSWLEC 1095

Land and Environment Court New South Wales

Medium Neutral Citation: Welsh v Radford [2023] NSWLEC 1095 Hearing dates: 06 December 2022 Date of orders: 03 March 2023 Decision date: 03 March 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: Orders of the Court are: (1) Within 60 days of the date of these orders, the Respondent is to remove the large clump of Bambusa textilis var. Gracilis and the large clump of Bambusa oldhamii which comprise the hedge along their western boundary. (2) The Respondent is to take any steps necessary to prevent regrowth of the bamboo hedge. (3) If the Respondent wishes to plant a replacement hedge along this boundary, it shall be planted at least 1.5 m from the common boundary and shall be maintained at a height no higher than 500mm below the level of the top of the Applicants' east side upstairs verandah balustrade. Any replacement hedge shall not include any species of Bamboo. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – bamboo – obstruction of view – requirement of hedge to be at least 2.5 metres tall – pruning of hedge prior to hearing – whether the trees are severely obstructing a view – whether the obstruction must be present on the day of the hearing – evidence of view obstruction – orders for removal of bamboo Legislation Cited: Trees (Disputes between Neighbours) Act 2006, Pt 2A ss 14A, 14B, 14C, 14D, 14E, 14F Trees (Disputes between Neighbours) Regulation 2014 Cases Cited: Johnson v Angus [2012] NSWLEC 192 Steber v Job [2019] NSWLEC 1308 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW), Attorney General, November 2009 Category: Principal judgment Parties: Kaylyn Welsh (First Applicant) Kurt Francis Welsh (Second Applicant) Carol Norma Radford (Respondent) Representation: P Pagin (Solicitor) (Applicants) C Radford (Self-represented) (Respondent)