Perryman v Yemma

Land and Environment Court New South Wales Medium Neutral Citation: Perryman v Yemma [2014] NSWLEC 1177 Hearing dates:26 August 2014Decision date: 26 August 2014 Jurisdiction:Class 2Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); hedges; views; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Atkinson v Matherson [2011] NSWLEC 1121 Ball v Bahramali & anor [2010] NSWLEC 1334 Bowden & anor v Grayson & anor [2013] NSWLEC 1161 Category:Principal judgmentParties: Patricia Perryman (Applicant) Matias Yemma (Respondent) Representation: Newhouse and Arnold Solicitors (Respondent) Ms S Freedman, daughter and agent (Applicant) Mr D Newhouse, solicitor (Respondent) File Number(s):20442 of 2014 JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.The applicationMs Perryman (the applicant) owns and lives in a residential unit in Wahroonga in Sydney's northern suburbs. Her unit is on the western side of the building with windows facing to the west. A hedge of six Leighton Green Cypress trees (×Cupressocyparis leylandii 'Leighton Green') grows on the property to her west. Concerned about the impact of the trees on her solar access and views, she has asked her neighbours, the Yemmas (Matias Yemma is the respondent), to prune the trees more severely than they currently prune them. The Yemmas wish to maintain the trees at their current height for privacy. Ms Perryman has applied to the Court pursuant to s 14B of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) seeking orders for the...