Bako v Aldred & anor [2012] NSWLEC 1216

Land and Environment Court New South Wales

Medium Neutral Citation: Bako v Aldred & anor [2012] NSWLEC 1216 Hearing dates: 1 August 2012 Decision date: 01 August 2012 Jurisdiction: Class 2 Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; impact on views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Ball v Bahramali [2010] NSWLEC 1334 Haindl v Daisch [2011] NSWLEC 1145 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category: Principal judgment Parties: Ms Sophia Bako (Applicant) Mrs Pamela Aldred and Mr Michael Aldred (Respondents) Representation: Applicant: Mr Robert White Respondents: Mr Scott Nash Respondents: Jenkins + Associates File Number(s): 20210 of 2012

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: This is an application made under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by the owner of a property in Vaucluse against the owners of trees growing on an adjoining property. 2The applicant is seeking orders for the trimming of four trees to a height not exceeding the bottom of the deck at the rear of the applicant's property and their subsequent maintenance at that height. 3The orders are sought in order to remedy, restrain or prevent a severe obstruction of a view from a dwelling. 4The respondents do not wish the trees to be pruned, as they are concerned about impacts on tree health as well as a loss of privacy. 5The trees subject to the application are four of many trees growing at the rear of the respondents' property. Tree 1 is a Privet, Tree 2 is an Italian Cypress, Tree 3 is a Norfolk Island Pine and Tree 4 is a Native Daphne. All trees show signs of previous lopping and subsequent regrowth. 6It was agreed that the trees meet the jurisdictional test in s 14A in that there are two or more trees, planted so as to form a hedge, which rise to a height of at least 2.5 m and are on appropriately zoned land. 7The applicant purchased her property about three years ago and contends that at that time she and her family enjoyed uninterrupted panoramic views across the harbour to Georges Heights, Middle Head and Manly. She states that in the time she has owned the property, the trees have grown and now obstruct views from the outdoor entertainment area/ pool deck, associated seating areas, the barbecue and from within the dining room. In her application claim form the applicant describes the nature and extent of each affected view as a "partial obstruction".