Gleeson v Anger [2012] NSWLEC 1184

Land and Environment Court New South Wales

Medium Neutral Citation: Gleeson v Anger [2012] NSWLEC 1184 Hearing dates: 9 July 2012 Decision date: 09 July 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of sunlight not severe; no risk of damage in near future; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Hinde v Anderson and anor [2009] NSWLEC 1148 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Mrs Laurel Gleeson (Applicant)

Mrs Olive Anger (Respondent) Representation: Mrs Laurel Gleeson (Applicant in person)

Mrs Olive Anger (Respondent in person) File Number(s): 20364 of 2012

Judgment 1COMMISSIONER: Due to her concerns that neighbouring trees may cause damage to her property in future, and that they block sunlight to her window, Mrs Gleeson makes this application under both Part 2 and Part 2A of the Trees (Disputes Between Neighbours) Act 2006 ("the Act"). She seeks removal of several trees. Mrs Anger, the respondent in this matter, enjoys the benefits of the trees. She recently removed a fig tree but wishes to retain the remaining trees. 2For the Court to make orders under Part 2 of the Act, I must be satisfied that the trees are likely to cause damage in the near future. To make orders under Part 2A I must be satisfied that the trees form a hedge and that they severely obstruct sunlight to a window.

The onsite view 3The hearing took place onsite, allowing observations of the trees and their situation and of Mrs Gleeson's property. 4Mrs Anger's property frontage is to the north. Mrs Gleeson's property frontage is to the south, so the rear of her dwelling faces north. They share a common boundary at the rear of each property. The trees are in Mrs Anger's rear courtyard, at the south of her property, adjacent to the common boundary. From the east, the trees are: T1 - Maple, approximately 3 m tall; T2 - Ficus benjamina - removed to a small stump; T3 - Mandarin, approximately 2 m tall; T4 - Magnolia, approximately 3 m tall; T5 - Fuchsia, pruned very low. 5The fig, T2, has been removed, leaving only a small stump that Mrs Anger says has been poisoned twice. She ways if it reshoots it will be poisoned again. Its removal leaves a gap between the maple (T1) and the other trees, which are grouped within the southwest corner of the courtyard approximately 3 m west of the maple.