Chang v Yates [2023] NSWLEC 1260

Chang v Yates [2023] NSWLEC 1260

The trees formed a hedge within s 14A, the applicant had made reasonable efforts to resolve the dispute, and the hedge severely obstructed the most valuable aspect of the view from the applicant's dwelling, namely views to the water and the land and water interface. The applicant's interest in remedying that obstruction outweighed the respondents' privacy and shade concerns. Pruning trees T6-T12 to 3m and removing T2-T4 was necessary and sufficient to restore much of the obstructed view while preserving privacy and avoiding unnecessary removal of T1 and T5.

Jurisdiction
Australia
Judgment Date
31 May 2023
Procedural Posture
Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 Concerning Alleged Obstruction of Views by a Neighbouring Hedge / Principal Judgment and Final Orders After Onsite Hearing
Outcome
Application granted.
Legal Topics
['high Hedges' 'view Obstruction' 'pruning and Removal Orders' 'jurisdictional Preconditions Under Part 2 A' 'neighbouring Land Amenity and Privacy']
['trees Disputes Between Neighbours' 'land and Environment Court Proceedings' 'property and Planning'] ['high Hedges' 'view Obstruction' 'pruning and Removal Orders' 'jurisdictional Preconditions Under Part 2 A' 'neighbouring Land Amenity and Privacy']

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Procedural Posture

Class 2 Application Under Part 2 a of the Trees (disputes Between Neighbours) Act 2006 Concerning Alleged Obstruction of Views by a Neighbouring Hedge / Principal Judgment and Final Orders After Onsite Hearing

Legal Issues

  1. 1 ["Whether the twelve trees on the respondents' land were planted so as to form a hedge and rose to a height of at least 2.5 metres above existing ground level." 'Whether the applicant had made a reasonable effort to reach agreement with the respondents and given notice of the application.' "Whether the hedge severely obstructed a view from a dwelling on the applicant's land." "Whether the applicant's interest in removal, remedy or restraint of the obstruction outweighed matters suggesting the undesirability of disturbing or interfering with the trees." 'What pruning or removal orders were appropriate in the circumstances.']

Ratio Decidendi

The trees formed a hedge within s 14A, the applicant had made reasonable efforts to resolve the dispute, and the hedge severely obstructed the most valuable aspect of the view from the applicant's dwelling, namely views to the water and the land and water interface. The applicant's interest in remedying that obstruction outweighed the respondents' privacy and shade concerns. Pruning trees T6-T12 to 3m and removing T2-T4 was necessary and sufficient to restore much of the obstructed view while preserving privacy and avoiding unnecessary removal of T1 and T5.

Court Disposition

Application granted.

Orders

  • ['The application is granted.' 'By 30 June 2023, the respondents, by themselves or by engaging a suitably qualified and experienced arborist with appropriate insurances, are to remove the Golden champa trees identified as T3 and T4 in Annexure A.' 'By 30 June 2023, the respondents, by themselves or by engaging a...