White v Baird [2014] NSWLEC 1189

White v Baird [2014] NSWLEC 1189

Trees in all three hedges cause a severe obstruction of valued views from the applicant's dwelling, this obstruction developed after the applicant acquired the property, and the applicant's interest in view restoration outweighs the respondent's privacy and amenity concerns. Pruning as ordered will restore views with minimal impact on privacy and amenity, consistent with the discretionary criteria in s 14F, supported by arboricultural evidence and Council policy.

Jurisdiction
Australia
Judgment Date
11 September 2014
Procedural Posture
Tree Dispute (part 2 A, Trees (disputes Between Neighbours) Act 2006) / Principal Judgment
Outcome
Application upheld. Orders made for pruning hedges to specified heights and ongoing maintenance.
Legal Topics
['tree Disputes Between Neighbours' 'hedges' 'views Obstruction' 'privacy' 'local Government Tree Preservation Orders' 'pruning Orders']
['property Law' 'neighbour Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'hedges' 'views Obstruction' 'privacy' 'local Government Tree Preservation Orders' 'pruning Orders']

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Procedural Posture

Tree Dispute (part 2 A, Trees (disputes Between Neighbours) Act 2006) / Principal Judgment

Legal Issues

  1. 1 ["Do trees planted as hedges on the respondent's property severely obstruct views from the applicant's dwelling within the meaning of s 14E(2)(a)(ii) Trees Act?" "Does the applicant's interest in having the obstruction removed outweigh the respondent’s interest in privacy and amenity under s 14E(2)(b)?" 'Should orders be made for pruning or removal/replacement of the hedges under s 14D Trees Act, considering privacy, amenity, and Council policy?']

Ratio Decidendi

Trees in all three hedges cause a severe obstruction of valued views from the applicant's dwelling, this obstruction developed after the applicant acquired the property, and the applicant's interest in view restoration outweighs the respondent's privacy and amenity concerns. Pruning as ordered will restore views with minimal impact on privacy and amenity, consistent with the discretionary criteria in s 14F, supported by arboricultural evidence and Council policy.

Court Disposition

Application upheld. Orders made for pruning hedges to specified heights and ongoing maintenance.

Orders

  • ['Respondent to engage and pay for a suitably qualified arborist (minimum AQF level 3, insured) to prune Hedge 1 and Hedge 2 to maximum height R.L. 31.80 (top ridge line of respondent’s roof).' 'Respondent to engage and pay for pruning Hedge 3 to no more than 300 mm below top of masonry wall on applicant’s eastern...