Nolen & anor v Balodis & anor [2016] NSWLEC 1119

Land and Environment Court New South Wales

Medium Neutral Citation: Nolen & anor v Balodis & anor [2016] NSWLEC 1119 Hearing dates: 5 April 2016 Date of orders: 05 April 2016 Decision date: 05 April 2016 Jurisdiction: Class 2 Before: Fakes C Decision: 1. The application in its entirety is dismissed. Catchwords: TREES [NEIGHBOURS] Potential damage to property; debris; mould; Hedge – obstruction of sunlight and views; similar obstruction at time applicants purchased property Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Clancy v Bell [2010] NSWLEC 1351 Drewett v Best [2010] NSWLEC 1305 Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 McDougall v Philip [2011] NSWLEC 1280 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category: Principal judgment Parties: Glenn Nolen and Linda Ross (Applicants) Nicole Balodis and Evan Guyatt (Respondents) Representation: Applicants: G. Nolen and L Ross (Litigants in person) Respondents: N Balodis and E Guyatt (Litigants in person) File Number(s): 20049 of 2016

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: The applicants own a property in Summer Hill. They have applied under s7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of Platycladus orientalis (Bookleaf Cypress) trees growing along the rear side boundary of the adjoining property. 2. The respondents do not wish to remove the trees as they value them for the contribution they make to the amenity of their back garden and the screening they will provide from a nearby recently approved 4 storey building to the south-east.