Glossop v Johnson [2020] NSWLEC 1685

Glossop v Johnson [2020] NSWLEC 1685

The bamboo hedge, as planted along the boundary, severely obstructed sunlight to windows of the applicant's dwelling both before and likely again after recent pruning. As applicants made reasonable efforts to resolve the dispute, and ongoing pruning would be onerous and unlikely to resolve the matter, removal of the bamboo and prevention of regrowth was ordered. The applicants' interest in mitigating the severe obstruction outweighs the respondents' privacy interests.

Parties
First Applicant: Graeme Glossop; Second Applicant: Michele Glossop; First Respondent: Kevin Johnson; Second Respondent: Jeanette Maree Johnson
Jurisdiction
Australia
Judgment Date
30 December 2020
Procedural Posture
Tree Dispute – Neighbouring Hedge / Final Judgment
Outcome
Application granted
Legal Topics
Trees (disputes Between Neighbours), Hedge Removal, Obstruction of Sunlight
Environmental Law Property Law Trees (disputes Between Neighbours) Hedge Removal Obstruction of Sunlight

Case Brief

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Parties

Graeme Glossop

First Applicant

Michele Glossop

Second Applicant

Kevin Johnson

First Respondent

Jeanette Maree Johnson

Second Respondent

Procedural Posture

Tree Dispute – Neighbouring Hedge / Final Judgment

Legal Issues

  1. 1 Whether the bamboo hedge severely obstructs sunlight to windows under s 14E(2)(a) of the Trees Act
  2. 2 Whether applicants made reasonable effort to resolve the dispute under s 14E(1)
  3. 3 Appropriate orders to remedy and prevent obstruction

Ratio Decidendi

The bamboo hedge, as planted along the boundary, severely obstructed sunlight to windows of the applicant's dwelling both before and likely again after recent pruning. As applicants made reasonable efforts to resolve the dispute, and ongoing pruning would be onerous and unlikely to resolve the matter, removal of the bamboo and prevention of regrowth was ordered. The applicants' interest in mitigating the severe obstruction outweighs the respondents' privacy interests.

Court Disposition

Application granted

Orders

  • Within 60 days, respondents must remove all bamboo along their southern boundary
  • Respondents to take all reasonable actions to prevent bamboo regrowing