Lonnon v Clow [2020] NSWLEC 1091

Land and Environment Court New South Wales

Medium Neutral Citation: Lonnon v Clow [2020] NSWLEC 1091 Hearing dates: 27 February 2020 Date of orders: 27 February 2020 Decision date: 27 February 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) During April and October each year, beginning April 2020, the respondents are to prune all bamboo along the common boundary they share with the applicant to a height no greater than 4 metres. (2) The respondents are to give the applicant at least two days' notice of the works. (3) The applicant is to allow any access required during reasonable hours of the day to clean up any debris that falls into his property as a result of the works above. (4) Should the respondents remove and replace the bamboo in future, any future hedge along this boundary is to be maintained at a height no greater than 5 metres. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – bamboo – whether the view obstruction is severe – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: Kenneth Joseph Lonnon (Applicant) Barry Clow (First Respondent) Dorothea Ada Clow (Second Respondent) Representation: K Lonnon (Litigant in person) (Applicant) B Clow (Litigant in person) (First Respondent) D Clow (Litigant in person) (Second Respondent) File Number(s): 2019/379203 Publication restriction: No