Karellas v Stevens [2012] NSWLEC 1272

Land and Environment Court New South Wales

Medium Neutral Citation: Karellas v Stevens [2012] NSWLEC 1272 Hearing dates: 27 September 2012 Decision date: 04 October 2012 Jurisdiction: Class 2 Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views; Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Johnson v Angus [2012] NSWLEC 192 Hough & anor v Rettenmaier & anor [2010] NSWLEC 1354 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category: Principal judgment Parties: Applicant: Vasilli Karallas Respondent: David Stephens Representation: Applicant: Mr G McKee (Solicitor) Respondent: Mr M Seymour (Barrister) Applicant: McKees File Number(s): 20706 of 2012

Judgment 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 Mosman against the owner of trees growing on adjoining property. 2The applicant contends that the trees in question severely obstruct views from his dwelling. He seeks orders to remove the trees and limit any replacement plantings to species that can be maintained at, or not exceed, a number of specified heights. 3The trees are identified in an arborist's report prepared by Ms Catriona Mackenzie, a consulting arborist engaged by the applicant. I note that Ms Mackenzie did not inspect the trees from the respondent's property. The trees the subjects of the application are: * T1 - Xylosma sp - several individual trees on the western boundary of the respondent's property; * T2 - Bambusa sp - a clumping species of Bamboo * T3 - Strelitzia nicolai - Giant Bird of Paradise; two plants * T4 - another species of clumping Bamboo 4According to the application, the nominated viewing points, positions, obstructed views and trees in contention are: * V1 - main living room; sitting and standing positions; district and land/water interface across Middle Harbour to Clontarf and Clontarf Beach; T3 and T4 with T1 a possibility for future obstruction; * V2 - balcony adjoining the eastern side of the living room; water, landform and district views (as above); significantly obscured by T3 and to a lesser extent by T4; * V3 - main bedroom; land/water interface and district views; T3 and T4. 5During the hearing Mr McKee, for the applicant, stated that his client would be content with pruning T1 and T2 to the height of the southern portion of the respondent's guttering and that the applicant would undertake to plant mature specimens of other trees such as Raphis palms to replace T3 and T4.