Campbell & anor v Bowen & anor [2012] NSWLEC 1197

Land and Environment Court New South Wales

Medium Neutral Citation: Campbell & anor v Bowen & anor [2012] NSWLEC 1197 Hearing dates: 10 July 2012 Decision date: 10 July 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views; obstruction not severe; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Trees (Disputes Between Neighbours) Amendment Bill 2010 Cases Cited: Hinde v Anderson and anor [2009] NSWLEC 1148 Tenacity Consulting v Waringah [2004] NSWLEC 140 Torday & Anor v Eather [2012] NSWLEC 1014 Wisdom v Payn [2011] NSWLEC 1012 Category: Principal judgment Parties: William Campbell and Dawn Campbell (Applicants)

Anthony Bowen and Kathleen Bowen (Respondents) Representation: Mr Mark Cottom, Kells The Lawyers (Applicants)

Mr Michael McMahon, M E McMahon & Associates (Respondents) File Number(s): 20309 of 2012

Judgment 1COMMISSIONER: This application is made under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 ("the Act"). Mr and Mrs Campbell have applied to the Court seeking orders for removal of the northern hedge in the rear garden of the neighbouring property and for pruning of the hedge along the southern boundary in the rear garden of that property. They say that the view they have enjoyed for many years is now severely obstructed by those hedges. The respondents wish to retain all the trees, saying they enjoy the privacy, shelter and amenity offered by the trees and that the trees provide environmental values.