Lea v Orchard

Land and Environment Court New South Wales Medium Neutral Citation: Lea & anor v Orchard & anor [2015] NSWLEC 1479 Hearing dates:23 November 2015Date of orders: 23 November 2015 Decision date: 23 November 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application upheld; trees to be removed Catchwords: TREES [NEIGHBOURS]: Part 2A - Obstruction of views; consent orders Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category:Principal judgmentParties: Mr J A Lea & Ms E A Lea (Applicants) Mr I R Orchard and Ms J S Orchard (Respondents) Representation: Applicants: Mr J Westlake (Agent) Respondents: Mr I Orchard (Litigant in Person) File Number(s):20623 of 2015Judgment COMMISSIONER: The applicants have owned their unit in Fairlight since 1995. In that time, a row of palm trees planted on the adjoining property to the south has grown to a point where they severely obstruct views to the south of Middle Harbour and Dobroyd Head. The applicants have applied under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act). The parties have discussed the issues and seek the making of Consent Orders for the removal of three of the six trees in question. Before the Court can agree to the orders proposed by the parties, the applicable jurisdictional tests must be satisfied. Part 2A applies only to two or more trees which are planted so as to form a hedge and which rise to a height of at least 2.5m above ground level. The trees in question are a row of...