Lane v Harvey [2011] NSWLEC 1227

Land and Environment Court New South Wales

Medium Neutral Citation: Lane v Harvey [2011] NSWLEC 1227 Hearing dates: 5 August 2011 Decision date: 05 August 2011 Jurisdiction: Class 2 Before: Pearson C; Galwey AC Decision: The application is dismissed. Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Mr S Lane (Applicant) Mr C M Harvey (Respondent) Representation: Mr S Lane (Applicant in person) Ms J Harvey (Respondent's daughter) File Number(s): 20311 of 2011

Judgment

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

Introduction 1COMMISSIONERS: This is an application pursuant to Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Mosman in relation to a bamboo hedge on adjoining land. 2This application was heard together with an application made by the immediate neighbour to the south: proceedings 20310 of 2011. 3The bamboo is planted in an area of vegetated garden close to the common boundary of the applicant's and respondent's properties. 4The applicant sought orders for the removal of the hedge, or for it to be pruned to an acceptable height and maintained at that height, on the basis that the bamboo obstructs views across the valley and of the surrounding landscape and partially impacts on water views from his dwelling. 5The application was accompanied by photographs of the bamboo showing it extending above the height of the surrounding vegetation, which includes mostly established trees.