Lawrence v Spencer & anor [2011] NSWLEC 1060

Land and Environment Court New South Wales

Medium Neutral Citation: Lawrence v Spencer & anor [2011] NSWLEC 1060 Hearing dates: 8 March 2011 Decision date: 08 March 2011 Jurisdiction: Class 2 Before: Fakes C Hewett AC Decision: Application to prune hedge upheld in part. Catchwords: TREES [NEIGHBOURS]; hedge; obstruction of views; pruning of some plants ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Mrs B Lawrence (Applicant) Mr G Spencer and Ms M Taylor (Respondents) Representation: Mrs B Lawrence (Applicant in person) Mr G Spencer (Respondent in person) File Number(s): 20816 of 2010

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONERS: This 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 East Gosford against the owners of trees growing on an adjoining property. 2The applicant is seeking the pruning of all trees and shrubs, except a large Eucalypt, growing inside the rear and side fences of the respondents' property to the height of the fence [stated by the applicant to be 1.8 m] and then maintained at that height. 3These orders are sought on the basis that the trees severely obstruct views of Brisbane Water from the rear deck and kitchen of the applicant's property. The applicant contends that this view has, until recently, been available since her parents purchased the property about 40 years ago. The applicant is seeking restoration of those views. 4The applicant's property is currently tenanted. The respondents have owned their property for about 3 months. The application was originally made against the previous owner of the respondents' property.