Holcroft v Rayner [2019] NSWLEC 1389

Holcroft v Rayner [2019] NSWLEC 1389

Although the bamboo had been pruned by the date of hearing and was then no more than two metres tall, the applicants' photograph showed that it had clearly reached more than 2.5 metres and had severely obstructed the only view available from that side of their dwelling. Given the difficulty experienced in obtaining pruning and the absence of matters under s 14F outweighing the applicants' interests, regular pruning orders were warranted.

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Class 2 Application Pursuant to S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment; Final Orders
Outcome
Application granted.
Legal Topics
['bamboo Hedge' 'obstruction of Sunlight and Views' 'pruning Orders' 'minimum Hedge Height' 'severity of Obstruction']
['trees Disputes Between Neighbours' 'land and Environment Court Proceedings'] ['bamboo Hedge' 'obstruction of Sunlight and Views' 'pruning Orders' 'minimum Hedge Height' 'severity of Obstruction']

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Procedural Posture

Class 2 Application Pursuant to S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment; Final Orders

Legal Issues

  1. 1 ['Whether the bamboo hedge rose to at least 2.5 metres in height for the purposes of the Trees (Disputes Between Neighbours) Act 2006 (NSW).' "Whether the bamboo hedge severely obstructed the applicants' view or sunlight." 'Whether orders should be made requiring regular pruning of the bamboo hedge.']

Ratio Decidendi

Although the bamboo had been pruned by the date of hearing and was then no more than two metres tall, the applicants' photograph showed that it had clearly reached more than 2.5 metres and had severely obstructed the only view available from that side of their dwelling. Given the difficulty experienced in obtaining pruning and the absence of matters under s 14F outweighing the applicants' interests, regular pruning orders were warranted.

Court Disposition

Application granted.

Orders

  • ['The application is granted.' '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.']