Guthrie v Heron [2024] NSWLEC 1121

Land and Environment Court New South Wales

Medium Neutral Citation: Guthrie v Heron [2024] NSWLEC 1121 Hearing dates: 20 November 2023 Date of orders: 19 March 2024 Decision date: 19 March 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, other than Exhibits A and B. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2A application – bamboo – obstruction of sunlight and views – whether the obstruction is severe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E Trees (Disputes Between Neighbours) Regulation 2019, s 4 Cases Cited: Hinde v Anderson [2009] NSWLEC 1148 Steber v Job [2019] NSWLEC 1308 West v Arico [2023] NSWLEC 1668 Category: Principal judgment Parties: Pauline Guthrie (Applicant) Carolyn Heron (Respondent) Representation: Counsel: P Guthrie (Self-represented) (Applicant) C Heron (Self-represented) (Respondent) File Number(s): 2023/220316 Publication restriction: No

Judgment

Background 1. COMMISSIONER: Pauline Guthrie (the applicant) 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 Fennell Bay property belonging to Carolyn Heron (the respondent). 2. Ms Guthrie and Ms Heron share a common boundary that runs east–west. On Ms Heron's property, in a narrow garden bed along this boundary, she has hedges of bamboo and two lilly pilly trees. Ms Guthrie submitted that all of this vegetation affects her access to sunlight and views. 3. Ms Guthrie filed her original application on 7 July 2023, seeking orders to remedy a severe obstruction of sunlight and views by eradicating the neighbouring bamboo. She then filed an amended application on 6 August 2023, seeking orders for the bamboo and the two lilly pillies to be pruned to 2.5 metres. At the onsite hearing, Ms Guthrie clarified that she seeks orders as per her original application: eradication of the bamboo. 4. In her application, Ms Guthrie described all of the bamboo along the boundary as one hedge. Ms Heron considers the bamboo to form three separate hedges: the main section of bamboo between the two dwellings, in the western half of the common boundary (Hedge 1); the central section of bamboo between the lilly pillies and her side gate (Hedge 2); and the separate section toward the street frontage at the eastern end of the common boundary (Hedge 3). 5. The hearing took place onsite, allowing the Court to inspect the trees, the trees' impacts on views and sunlight, and privacy and overlooking issues at both properties. Ms Heron tendered a report from Lance Doyle, a planner, who also gave evidence at the hearing.