Davis v Millar

Land and Environment Court New South Wales Medium Neutral Citation: Davis & anor v Millar [2016] NSWLEC 1256 Hearing dates:17 June 2016Date of orders: 22 June 2016 Decision date: 22 June 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] : hedge; obstruction of sunlight; height of trees when property purchased; no proof of available solar access at time of purchase Legislation Cited: Trees (Disputes Between Neighbours) 2006 Blue Mountains Local Environmental Plan 2005 Cases Cited: McDougall v Philip [2011] NSWLEC 1280 Category:Principal judgmentParties: Rodney Davis and Barbara Davis (Applicants) Pauline Millar (Respondent) Representation: Applicants: R & B Davis (Litigants in person) Respondent: P Millar (Litigant in person) File Number(s):154022 of 2016Judgment COMMISSIONER: In April 2011, the applicants purchased their Hazelbrook property. At the time, there was a row of Leyland Cypress trees growing along the southern boundary of the adjoining property to the north. The respondent planted the trees in January 2003 in order to create a privacy screen between the applicants’ property and other nearby properties which overlooked her dwelling. The applicants state that the trees were approximately 5-6m tall when they purchased their property and have now reached an estimated height of 10-12m. The applicants have applied under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the pruning of the trees to a height of 2.5m above the concrete terrace on their property and subsequent maintenance at a height of 3m. The orders are sought on...