Ditton v Barker

Land and Environment Court New South Wales Medium Neutral Citation: Ditton v Barker & anor [2015] NSWLEC 1274 Hearing dates:22 July 2015Date of orders: 22 July 2015 Decision date: 22 July 2015 Jurisdiction:Class 2Before: Fakes c Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of sunlight Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category:Principal judgmentParties: Ms S Ditton (Applicant) Mr R Barker (First Respondent) Ms J Martin (Second Respondent) Representation: Applicant: Ms Ditton (Litigant in person) Respondents: Mr Barker and Ms Martin (Litigants in person) File Number(s):20336 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. COMMISSIONER: The applicant in this matter occupies a property in Fisherman’s Paradise in the Shoalhaven local government area. She has made an application pursuant to s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) seeking orders for the removal of two rows of Leyland Cypress trees growing along the front and rear boundaries of the adjoining property. The applicant maintains that the trees in question severely obstruct sunlight to windows on the front and rear facades of her house, particularly between the months of May and August. While some mention is made in the application claim form of sunlight to the front lawn and backyard, Part 2A of the Act only applies to the obstruction of sunlight to windows of a dwelling. The respondents value the trees for the shade they provide and as windbreaks. In applications under Part...