Stivic v Perantuono [2019] NSWLEC 1423

Stivic v Perantuono [2019] NSWLEC 1423

The bamboo obstructed the most valued part of the applicant's principal rear-facing water and shoreline view from the most used part of her dwelling, making the view loss severe. Having considered the s 14F matters, including that the bamboo formed a tall boundary screen, was listed by Georges River Council as an undesirable species, contributed limited broader environmental or social benefits, and that preventing all overlooking in a residential neighbourhood was unreasonable, the applicant's interest in restoring her view outweighed the respondents' interest in maintaining the bamboo at a greater height. Pruning to 3.5 metres twice yearly would restore the view while maintaining some...

Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) Seeking Orders Concerning a Bamboo Hedge / Principal Judgment After Onsite Hearing
Outcome
Application granted.
Legal Topics
['bamboo Hedge' 'obstruction of Water Views' 'privacy and Overlooking' 'severe View Obstruction' 'pruning Orders']
['trees Disputes Between Neighbours' 'land and Environment' 'property and Neighbourhood Disputes'] ['bamboo Hedge' 'obstruction of Water Views' 'privacy and Overlooking' 'severe View Obstruction' 'pruning Orders']

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Procedural Posture

Class 2 Application Under S 14 B of the Trees (disputes Between Neighbours) Act 2006 (nsw) Seeking Orders Concerning a Bamboo Hedge / Principal Judgment After Onsite Hearing

Legal Issues

  1. 1 ["Whether the bamboo hedge severely obstructed a view from the applicant's dwelling within s 14E(2)(a)(ii) of the Trees (Disputes Between Neighbours) Act 2006 (NSW)." "Whether the severity and nature of the obstruction meant the applicant's interest in having it removed, remedied or restrained outweighed matters suggesting the undesirability of interfering with the bamboo, having regard to s 14E(2)(b) and s 14F of the Trees (Disputes Between Neighbours) Act 2006 (NSW)." "Whether pruning the bamboo to 3.5 metres would appropriately balance restoration of the applicant's views with the respondents' privacy interests."]

Ratio Decidendi

The bamboo obstructed the most valued part of the applicant's principal rear-facing water and shoreline view from the most used part of her dwelling, making the view loss severe. Having considered the s 14F matters, including that the bamboo formed a tall boundary screen, was listed by Georges River Council as an undesirable species, contributed limited broader environmental or social benefits, and that preventing all overlooking in a residential neighbourhood was unreasonable, the applicant's interest in restoring her view outweighed the respondents' interest in maintaining the bamboo at a greater height. Pruning to 3.5 metres twice yearly would restore the view while maintaining some...

Court Disposition

Application granted.

Orders

  • ['The application is granted.' 'Twice yearly during the months of September and March, beginning September 2019, the respondents are to prune, or engage a suitably experienced contractor to prune, all bamboo plants in the hedge along their eastern boundary so that no part of any bamboo plant is more than 3.5 metres...