Holcroft v Rayner [2019] NSWLEC 1389

Land and Environment Court New South Wales

Medium Neutral Citation: Holcroft v Rayner [2019] NSWLEC 1389 Hearing dates: 16 August 2019 Date of orders: 16 August 2019 Decision date: 16 August 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is granted. (2) Twice per year during March and September, beginning September 2019, the respondents are to prune their bamboo hedge so that no part of the bamboo is more than 2 metres above ground level, measured from the base of each clump. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – bamboo – obstruction of sunlight and views – requirement of hedge to be at least 2.5 metres tall – pruning of hedge prior to hearing – whether the trees are severely obstructing a view – orders for pruning of bamboo Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Steber v Job [2019] NSWLEC 1308 Category: Principal judgment Parties: George Holcroft (First Applicant) Silvia Holcroft (Second Applicant) David Rayner (First Respondent) Anita Rayner (Second Respondent) Representation: G Holcroft and S Holcroft, litigants in person (Applicants) D Rayner, litigant in person (Respondents) File Number(s): 2019/150460 Publication restriction: No

Judgment

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

Background 1. George and Silvia Holcroft ('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 a neighbouring hedge to be maintained so as to restore and retain their access to views and sunlight. 2. David and Anita Rayner ('the respondents') planted a bamboo hedge on their property several years ago. Approximately 23 clumps of bamboo are planted in a straight line in a bed along the common boundary they share with the Holcrofts. The hedge extends from near the front of the Holcrofts' dwelling to the Rayners' carport, beyond the rear corner of the Holcrofts' dwelling. The hedge is less than two metres from the Holcrofts' dwelling. 3. Mr Rayner pruned the hedge recently, after the Holcrofts made their application to the Court. The front six clumps are now less than a metre tall; the remainder of the hedge is approximately two metres tall. 4. I observed the situation at this morning's onsite hearing.