Beath & Anor v Whyman [2011] NSWLEC 1272

Land and Environment Court New South Wales

Medium Neutral Citation: Beath & Anor v Whyman [2011] NSWLEC 1272 Hearing dates: 19 September 2011 Decision date: 19 September 2011 Jurisdiction: Class 2 Before: Fakes C Hewett AC Decision: Application to prune trees upheld in part Catchwords: TREES [NEIGHBOURS] Hedge; severe obstruction of sunlight; privacy issues Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Mr R Beath (First Applicant) Ms J Callan (Second Applicant) Ms S Whyman (First Respondent) Mr G Whyman (Second Respondent) Representation: Applicants: R Beath & J Callan (Litigants in person) Respondents: S Whyman (Litigant in person) File Number(s): 20485 of 2011

Judgment 1COMMISSIONERS: This is an application pursuant to s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 made by the owners of a property in Bronte against the owners of trees growing on an adjoining property. 2The applicants are seeking the pruning of 7 trees growing along on the southeastern boundary of the respondents' property to a height that allows the penetration of sunlight to the east and north facing windows of their property, and for that height to be maintained. 3The application is made on the basis that the trees severely obstruct sunlight to 8 windows of their dwelling during late autumn, winter and early spring. 4The trees are 7 xCupressocyparis leylandii 'Leighton Green' growing on either side of a gate in the masonry wall between the respondents' rear garden and a pedestrian right of way to a property to the east. The trees are growing in a narrow garden bed retained by a 340mm high treated pine retaining wall. The applicants' property is on the southern side of the right of way. Trees 1-3 are to the east of the gate, trees 4-7 are on the western side of the gate. 5The windows to which sunlight is said to be severely obstructed are windows W1-W3 - east-facing glass door/window panels of the living room (effectively one 'window' with 3 panels); W4-6 - north-facing window/glass door panels on the north-east corner of the living room; W7 - an east-facing glass door of the kitchen; and W8 a north-facing narrow kitchen window.