Bishop v Safro [2011] NSWLEC 1269

Land and Environment Court New South Wales

Medium Neutral Citation: Bishop v Safro [2011] NSWLEC 1269 Hearing dates: 5 September 2011 Decision date: 14 September 2011 Jurisdiction: Class 2 Before: Fakes C Decision: Application in regards to loss of view upheld in part; pruning of one section of hedge ordered; application in regards to sunlight dismissed. Catchwords: TREES [NEIGHBOURS] hedge; obstruction of sunlight and views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Hinde v Anderson & anor [2009] NSWLEC 1148Drewett v Best [2010] NSWLEC 1305 Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: Applicant: Mrs N Bishop Respondent: Ms E Safro Representation: Applicant: Mr P Holland (Solicitor) Respondent: Mr Reuben (Barrister) Applicant: McCullough Robertson Respondent: Comino Prassas File Number(s): 20530 of 2011

Judgment 1COMMISSIONER: 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 Watson's Bay against the owner of trees growing on an adjoining property. 2The trees are a row of approximately 23 xCupressocyparis leylandii 'Leighton Green' growing along the southern side boundary of the respondent's property. The applicant's ground floor unit is to the south of the respondent's property. 3The applicant seeks either the removal of the trees or their maintenance at a maximum height of 900mm above the masonry boundary wall between the properties. In the event of any non-compliance of any order that may be so made, the applicant seeks right of access to the respondent's property for the purpose of maintaining the trees at that height and that the works be paid for by the respondent. 4The basis of the application is the applicant's contention that the trees severely obstruct sunlight to windows of her dwelling and severely obstruct views from her dwelling.