Sorensen v Van Kleef [2017] NSWLEC 1667

Land and Environment Court New South Wales

Medium Neutral Citation: Sorensen v Van Kleef [2017] NSWLEC 1667 Hearing dates: 21 November 2017 Date of orders: 23 November 2017 Decision date: 23 November 2017 Jurisdiction: Class 2 Before: Fakes AC Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] : Hedge - Obstruction of sunlight and views; Land to which Act applies; trees to which Part 2A applies; severity of obstruction Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Environmental Planning and Assessment Act 1979 Bega Valley Local Environmental Plan 2013 Cases Cited: De Lyall & anor v Dann & anor [2017] NSWLEC 1190 Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 Johnson v Angus [2012] NSWLEC 192 Mayes v Keene [2016] NSWLEC 1604 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Texts Cited: Nil Category: Principal judgment Parties: Paul Sorensen (Applicant) Henny Van Kleef (Respondent) Representation: Applicant: Paul Sorensen (Litigant in person) Respondent: Henny Van Kleef (Litigant in person) File Number(s): 275596 of 2017 Publication restriction: No

JUDGMENT 1. COMMISSIONER: The applicant owns a 5 acre block in the Bega Valley local government area. He located his dwelling to take advantage of the district views, including the nearby dairy farm. The applicant contends that trees planted on the respondent's adjoining 5 acre allotment severely obstruct views from his dwelling, and will in the future, severely obstruct sunlight to windows of the dwelling. 2. The applicant has applied under s14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking orders for the respondent's trees to be pruned and or maintained to a height of 3m.