Ingram v Sebel [2011] NSWLEC 1010

Land and Environment Court New South Wales

Medium Neutral Citation: Ingram v Sebel [2011] NSWLEC 1010 Hearing dates: 25 January 2011 Decision date: 25 January 2011 Jurisdiction: Class 2 Before: Brown C Fakes C Decision: 1. Application upheld in part. Catchwords: TREES [NEIGHBOURS]; hedge; severe obstruction of a view; consent orders; removal of 10 trees; pruning of 2 trees Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Mr J Ingram (Applicant) Mrs L Sebel (Respondent) Representation: Mr J Ingram [litigant in person] (Applicant) Mrs L Sebel [litigant in person] (Respondent) File Number(s): 20813 of 2010

Judgment 1This is an application pursuant to s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Clifton Gardens against the owner of 12 trees growing on an adjoining property. 2The applicant is seeking the removal of the trees on the basis that they severely obstruct views from his dwelling, or as a secondary position, the pruning of the trees. The obstructed views are generally to the southwest to Taylors Bay, Bradley's Head, Sydney Harbour, and the skyline of the Sydney CBD and eastern suburbs. The nominated viewing areas are the ground floor, the kitchen, living area and associated terrace on the first floor and bedrooms and terrace on the second floor. 3The trees are 11 Melaleuca quinquenervia (Broad-leafed Paperbark) and one Cupressus macrocarpa (Cypress) growing at the base of a retaining wall along the common boundary between the respondent's property and the applicant's property at the rear of the respondent's property.