Blue & anor v Glover & anor [2016] NSWLEC 1502

Land and Environment Court New South Wales

Medium Neutral Citation: Blue & anor v Glover & anor [2016] NSWLEC 1502 Hearing dates: 28 October 2016 Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is upheld. See orders at paragraph 12. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); sunlight; obstruction has not become more severe since applicants purchased their property; damage; roots; tree removal ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Noel Blue (First Applicant) Kym Blue (Second Applicant) Jenny Glover (First Respondent) Anthony Glover (Second Respondent) Representation: Noel and Kym Blue, litigants in person (Applicants) Jenny and Anthony Glover, litigants in person (Respondents) File Number(s): 198336 of 2016

Judgment

Background 1. Mr and Mrs Blue ('the applicants') have owned and lived at their Glenhaven property since 2011. When they purchased their property a row of Leighton Green Cypress trees on a neighbouring was already at roof height of their double-storey dwelling. 2. Mr and Mrs Glover ('the respondents') have owned the neighbouring property since 2003. 3. The Blues first raised concerns about the trees' proximity to their dwelling with the Glovers in 2012, in particular about branches rubbing against their dwelling and leaves in their gutters. They have pruned the trees at their own expense and replaced their gutters. In 2015 Mrs Blue tripped on uneven pavers on the narrow path between their dwelling and the trees. 4. The Blues have removed some pavers and found large roots from the cypress trees beneath. Their property insurer has informed them that damage caused by roots is not covered by their policy (Exhibit E). They have obtained a quote from Earthscape Industries (Exhibit F) for $11,455 to lift the paving, remove the sand base, cut roots and relay the pavers on a new base. 5. The Blues have applied to the Court pursuant to both Part 2 and Part 2A of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act') seeking orders for removal of 12 trees ('the trees') along their common boundary. They were granted leave at the onsite hearing to amend their application to include a proposed order for compensation based on the quote they had already filed with the Court and provided to the Glovers. 6. The Glovers' hedge of cypress trees extends along two sides of their rear garden. Twelve trees grow in a row next to the common boundary with the Blues. The Glovers appreciate the privacy and other amenity the trees provide. They say people could see between covered outdoor areas of their property and the Blues' property were it not for the trees. 7. The trees are 10-12 metres tall, with stems up to approximately 300 mm in diameter. They are planted closely and provide a dense visual screen. Apart from trees at each end of the row, the hedge is approximately 2 metres from the Blues' dwelling.