Ivkovic v Pelosi [2013] NSWLEC 1026

Ivkovic v Pelosi [2013] NSWLEC 1026

The Court found severe obstruction of highly valued ocean views from the applicants' living room caused primarily by trees T7 to T17, and held that the respondents' privacy concerns did not outweigh the need to interfere with those trees because privacy inside the dwelling was not affected and privacy along the front pathway or at the front door carried limited weight. Pruning trees T7 to T17 to 2.5 metres would restore much of the view without dramatically affecting privacy. Trees T1 to T6 and T18 to T20 did not severely obstruct a view, so no orders were made for those trees.

Jurisdiction
Australia
Judgment Date
13 February 2013
Procedural Posture
Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders to Reduce Trees in Height / Principal Judgment After Hearing; Extemporaneous Decision Revised and Edited Prior to Publication
Outcome
The application is upheld in part.
Legal Topics
['trees Forming a Hedge' 'obstruction of Views' 'pruning Orders' 'residential Privacy']
['environmental and Planning Law' 'neighbour Disputes'] ['trees Forming a Hedge' 'obstruction of Views' 'pruning Orders' 'residential Privacy']

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Procedural Posture

Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 Seeking Orders to Reduce Trees in Height / Principal Judgment After Hearing; Extemporaneous Decision Revised and Edited Prior to Publication

Legal Issues

  1. 1 ["Whether the respondents' trees were planted so as to form a hedge and were more than 2.5 metres tall" "Whether the trees severely obstructed the applicants' view from their dwelling" 'Whether the severity of the obstruction outweighed any reason not to interfere with the trees' 'What orders, if any, should be made to remedy, restrain or prevent the view obstruction']

Ratio Decidendi

The Court found severe obstruction of highly valued ocean views from the applicants' living room caused primarily by trees T7 to T17, and held that the respondents' privacy concerns did not outweigh the need to interfere with those trees because privacy inside the dwelling was not affected and privacy along the front pathway or at the front door carried limited weight. Pruning trees T7 to T17 to 2.5 metres would restore much of the view without dramatically affecting privacy. Trees T1 to T6 and T18 to T20 did not severely obstruct a view, so no orders were made for those trees.

Court Disposition

The application is upheld in part.

Orders

  • ['The application is upheld in part.' 'Within 30 days of the date of these orders the respondents are to engage a suitably qualified arborist or horticulturist, with appropriate insurance, to prune trees T7 to T17 to a height no greater than 2.5 metres above soil level at the base of each tree.' "The respondents are...