Wallace v Fourways Motors (Bankstown) Pty Ltd [2013] NSWLEC 1010

Land and Environment Court New South Wales

Medium Neutral Citation: Wallace v Fourways Motors (Bankstown) Pty Ltd [2013] NSWLEC 1010 Hearing dates: 16 January 2013 Decision date: 16 January 2013 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of sunlight; obstruction not severe; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Mr James Wallace (Applicant)

Fourways Motors (Bankstown) Pty Ltd (Respondent) Representation: Mr James Wallace(Applicant in person)

Mr Anthony Keogh (Agent for the Respondent) File Number(s): 20985 of 2012

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: Mr Wallace's residential property in Jannali shares its rear boundary with a childcare centre. Mr Wallace is concerned that two trees within the playground of the childcare centre are obstructing sunlight to his property. He has applied to the Court under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 ("the Act") seeking orders for the two trees to be pruned to the height of a solid boundary wall. 2Mr Keogh, representing the respondent, says the trees provide shade within the playground area of the childcare centre and screening for privacy. He says the extent of pruning requested by Mr Wallace would harm the trees and result in a loss of shade and privacy.

Onsite view 3The two trees are Cupaniopsis anacardioides (Tuckeroo) approximately six metres tall. One tree ("T1") is approximately one metre from the common boundary; the other ("T2") is around five metres from the boundary. Tree T2 has a healthy and dense canopy. The canopy of T1 is less dense - Mr Keogh says this is due to root damage that occurred when trenching for services took place near the base of this tree. Both trees provide shade to the playground area. At the point nearest to T1 the solid boundary wall is 2.5 metres tall. Atop this is a transparent screen that reaches to approximately 3.4 metres above ground level. 4The rear of Mr Wallace's dwelling faces west and is approximately 20 metres east of the common boundary between the two properties. The trees were viewed from both levels of the dwelling. There is also a row of palm trees in a garden bed on Mr Wallace's property, along the common boundary.