Varlow v Burgess [2018] NSWLEC 1687

Land and Environment Court New South Wales

Medium Neutral Citation: Varlow v Burgess [2018] NSWLEC 1687 Hearing dates: 21 December 2018 Date of orders: 28 December 2018 Decision date: 21 December 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – tiger grass – obstruction of views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Trees (Disputes Between Neighbours) Regulation 2014 Cases Cited: Tenacity Consulting v Waringah [2004] NSWLEC 140 Category: Principal judgment Parties: Raymond Varlow (Applicant) Lynelle Burgess (Respondent) Representation: R Varlow, litigant in person (Applicant) M Hay, solicitor (Respondent)

Solicitors MCW Lawyers (Respondent) File Number(s): 317177 of 2018

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background 1. Several clumps of tiger grass grow in a row in a planter box on Mrs Burgess' property next to the common boundary shared with her neighbours, the Varlows. The plants, resembling bamboo, are over 2.5 metres tall. There may be a question over whether tiger grass is a tree, but as it closely resembles bamboo, which is prescribed by the Trees (Disputes Between Neighbours) Regulation 2014, I am willing to accept it is a tree for the purposes of this application. 2. The Varlows have tried to reach agreement with Mrs Burgess ('the respondent') for the plants to be pruned so that their views and access to sunlight might be maintained. Having no success, Mr Varlow ('the applicant') applied to the Court, pursuant to s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), seeking orders for the plants to be pruned to a height of 2.5 metres and maintained below 2.8 metres.