West v Arico [2023] NSWLEC 1668

Land and Environment Court New South Wales

Medium Neutral Citation: West v Arico [2023] NSWLEC 1668 Hearing dates: 23 October 2023 Date of orders: 23 October 2023 Decision date: 23 October 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – bamboo – obstruction of sunlight and views – whether the obstruction is severe – whether orders can be made for other trees Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14E Trees (Disputes Between Neighbours) Regulation 2019, s 4 Cases Cited: Steber v Job [2019] NSWLEC 1308 Category: Principal judgment Parties: Jye Edward West (Applicant) Michael Ross Arico (First Respondent) Domitilla Arico (Second Respondent) Representation: Counsel: J West (Self-represented) (Applicant) M Arico (Self-represented) (First Respondent) D Arico (Self-represented) (Second Respondent) File Number(s): 2023/259539 Publication restriction: No

Judgment

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

Background 1. COMMISSIONER: Jye West (the applicant) owns a residential property in Denistone. He 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 trees on a neighbouring property belonging to Michael and Domitilla Arico (the respondents). Mr West seeks: an order for the removal of a bamboo hedge, which he claims obstructs sunlight to, and views from, his dwelling; an order preventing the respondents planting another hedge along the common boundary; and an order for branches of other trees to be maintained. The respondents wish to retain the bamboo hedge for privacy. 2. The hearing took place onsite, allowing the Court to inspect the trees and both properties. The Court went to the applicant's property to inspect the trees' impacts on views and sunlight. Privacy and overlooking issues were observed at both properties.