Coleman & anor v Leddy & anor [2013] NSWLEC 1094

Land and Environment Court New South Wales

Medium Neutral Citation: Coleman & anor v Leddy & anor [2013] NSWLEC 1094 Hearing dates: 28 May 2013 Decision date: 31 May 2013 Jurisdiction: Class 2 Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; views; are the trees planted so as to form a hedge; Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Johnson v Angus [2012] NSWLEC 192 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Tooth v McCombie [2011] NSWLEC 1004 Wisdom v Payn [2011] NSWLEC 1012 Category: Principal judgment Parties: Tony and Gai Coleman (Applicants) Christopher and Margaret Leddy (Respondents) Representation: Applicants: T & G Coleman (Litigants in person) Respondents: M Leddy (Litigant in person) File Number(s): 20131 of 2013

Judgment 1COMMISSIONER: The applicants in these proceedings moved into their newly constructed dwelling in Skennars Head in 2007. At that time, they assert that they enjoyed uninterrupted views of the ocean to the southeast. They contend that they were able to see the annual whale migration from their sofa in the living room and from their deck on the top floor of their dwelling. However, it is their position that the growth of vegetation on the respondents' property has severely obstructed the views they initially enjoyed. 2Accordingly, the applicants have applied to the Court under s 14B(b) Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) seeking orders for the removal and maintenance of elements of the respondents' vegetation. Specifically, the applicants are seeking the removal of all bamboo and the maintenance to 2.5m of any remaining vegetation (and future plantings) growing along the western boundary of the respondents' property. 3The respondents do not wish to remove or prune the vegetation as they value it for the privacy it affords their dwelling.