Robinson v Nagel [2021] NSWLEC 1356

Robinson v Nagel [2021] NSWLEC 1356

The bamboo was more than 2.5 metres high and, despite being planted in stages, was planted and presently existed as a single hedge along the respondents' rear boundary. The applicants had made reasonable efforts to resolve the matter. The hedge severely obstructed the most valued part of the applicants' first-floor southward view, including water and beach views. The bamboo provided little environmental, public amenity, landscape or privacy benefit, and ongoing pruning would be burdensome and less effective than removal. The applicants' interest in remedying and preventing the view obstruction therefore outweighed reasons not to interfere with the bamboo, justifying orders for removal and...

Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Class 2 Application Under S 14 B (pt 2 A) of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders to Prune or Remove Bamboo / Principal Judgment After Onsite Hearing
Outcome
The application was granted and orders were made for removal of the bamboo and restrictions on future hedge planting.
Legal Topics
['neighbouring Hedge' 'bamboo' 'view Obstruction' 'privacy' 'pruning and Removal Orders']
['trees Disputes Between Neighbours' 'land and Environment'] ['neighbouring Hedge' 'bamboo' 'view Obstruction' 'privacy' 'pruning and Removal Orders']

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Procedural Posture

Class 2 Application Under S 14 B (pt 2 A) of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders to Prune or Remove Bamboo / Principal Judgment After Onsite Hearing

Legal Issues

  1. 1 ['Whether the bamboo was planted so as to form a hedge within s 14A(1) of the Trees (Disputes Between Neighbours) Act 2006' 'Whether the applicants made reasonable effort to reach agreement with the respondents' "Whether the bamboo severely obstructed a view from the applicants' dwelling" "Whether the applicants' interest in remedying the obstruction outweighed matters suggesting the undesirability of interfering with the bamboo" 'Whether pruning or removal was the appropriate order']

Ratio Decidendi

The bamboo was more than 2.5 metres high and, despite being planted in stages, was planted and presently existed as a single hedge along the respondents' rear boundary. The applicants had made reasonable efforts to resolve the matter. The hedge severely obstructed the most valued part of the applicants' first-floor southward view, including water and beach views. The bamboo provided little environmental, public amenity, landscape or privacy benefit, and ongoing pruning would be burdensome and less effective than removal. The applicants' interest in remedying and preventing the view obstruction therefore outweighed reasons not to interfere with the bamboo, justifying orders for removal and...

Court Disposition

The application was granted and orders were made for removal of the bamboo and restrictions on future hedge planting.

Orders

  • ['The application is granted.' 'Within 30 days of the date of these orders the respondents are to engage a suitably experienced landscape contractor, with all appropriate insurances, to remove all bamboo growing along their rear boundary.' 'The respondents are then to take any steps necessary to prevent the bamboo...