Kenney-Herbert v Humble & anor [2013] NSWLEC 1219

Land and Environment Court New South Wales

Medium Neutral Citation: Kenney-Herbert v Humble & anor [2013] NSWLEC 1219 Hearing dates: 8 November 2013 Decision date: 15 November 2013 Jurisdiction: Class 2 Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of sunlight Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Environmental Planning and Assessment Act, 1979 Cases Cited: Drewett v Best [2010] NSWLEC 1305 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Category: Principal judgment Parties: Ms R Kenney-Herbert (Applicant) Ms C Humble (First Respondent) Mr M Ryan (Second Respondent) Representation: Applicant: Ms D Young (Agent) Respondents: Mr I Hemmings SC (Barrister) File Number(s): 20632 of 2013

Judgment 1COMMISSIONER: The applicant purchased her ground floor unit in Woollahra in 2003. She is concerned that a hedge planted on the adjoining property severely obstructs sunlight to the living areas of her dwelling, especially in winter. 2The applicant has applied under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the pruning of the hedge to a height no greater than 700mm above the top of the dividing fence. During the hearing, the applicant's agent Ms Young, considered that further reduction to fence height would be more appropriate. 3Mr Hemmings, for the respondents, submits that the shading of the applicant's dwelling is a consequence of the respondents' dwelling and not the trees that form the hedge. To that end, he contends that the Court has no jurisdiction to make the orders sought by the applicant.