Cocoran & anor v Goymour [2014] NSWLEC 1018

Land and Environment Court New South Wales

Medium Neutral Citation: Cocoran & anor v Goymour [2014] NSWLEC 1018 Hearing dates: 29 January 2014 Decision date: 06 February 2014 Jurisdiction: Class 2 Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge, obstruction of views Legislation Cited: Interpretation Act 1987 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Hinde v Anderson & anor [2009] NSWLEC 1148 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Tooth v McCombie [2011] NSWLEC 1004 Category: Principal judgment Parties: I & K Cocoran (Applicants) P Goymour (Respondent) Representation: Applicants: Mr I Cocoran (Litigant in person) Respondent: Mr P Goymour (Litigant in person) File Number(s): 20742 of 2013

Judgment 1COMMISSIONER: The applicants purchased their property in Church Point in July/August 2010 around the same time the respondent purchased his property. 2The applicants contend that when they purchased their property they enjoyed expansive views from all levels of their dwelling of Pittwater, Scotland Island and the tidal sand flats at the base of the slope on which their house is built. Since then, the applicants submit that a mass planting of palms growing on the respondent's property has severely obstructed those views from several parts of their dwelling. 3An application has been made under s14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act). The applicants are seeking the reduction of the palms to a height of 2.5m with their subsequent maintenance at that height. The work is to be at the respondent's cost. 4The respondent values the palms for the amenity they provide as well as their value in retaining soil on the steeply sloping site. He is concerned that pruning the trees to 2.5m could result in the death of many palms with the consequence of soil erosion.