Biggs v Bingham [2019] NSWLEC 1282

Land and Environment Court New South Wales

Medium Neutral Citation: Biggs v Bingham [2019] NSWLEC 1282 Hearing dates: 19 June 2019 Date of orders: 19 June 2019 Decision date: 19 June 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld. (2) Twice yearly during the months of May and November the respondents are to prune, or have a suitably experienced contractor prune, the 13 trees in the hedge to a height no greater than 2.2 metres, measured from the base of each tree. (3) On reasonable notice, the applicants are to allow any access required for the works during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – obstruction of views – privacy – approved landscape plan Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Category: Principal judgment Parties: John Biggs (First Applicant) Kathleen Foy (Second Applicant) Matthew Bingham (First Respondent) Hilary Bingham (Second Respondent) Representation: J Biggs and K Foy, Litigants in person (Applicants) M Bingham and H Bingham, Litigants in person (Respondents) File Number(s): 2019/61906 Publication restriction: No

Judgment

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

The application 1. John Biggs and Kathleen Foy ('the applicants') have applied to the Court pursuant to s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act') seeking orders for trees in a neighbouring hedge to be pruned and maintained so as to restore views from their dwelling. 2. Matthew and Hilary Bingham ('the respondents') planted the trees according to landscape plans approved by Ku-ring-gai Council ('Council') as part of a development application.