Salisbury v Harrison

Land and Environment Court New South Wales Medium Neutral Citation: Salisbury v Harrison & anor [2015] NSWLEC 1298 Hearing dates:20 July 2015Decision date: 03 August 2015 Jurisdiction:Class 2Before: Durland AC Decision: The application is dismissed Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); hedge; obstruction of views; privacy; balancing of interests; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) (2009) Cases Cited: Tenancy Consulting v Warringah [2004] NSWLEC 140 Category:Principal judgmentParties: J Salisbury (Applicant) D Harrison (First Respondent) A Harrison (Second Respondent) Representation: M Campbell (Applicant) D Harrison, litigant in person (First Respondent) A Harrison, litigant in person (Second Respondent) File Number(s):20207 of 2015Judgment This is an application made under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) concerning the eight Viburnum odoratissimum (Sweet Viburnum) and three Pyrus calleryana (Ornamental Pear) trees located on a property in Mosman owned by Mr and Mrs Harrison (the respondents). The eight Viburnums are located along the rear western boundary of the respondent’s property adjacent to the common boundary fence. The three Pyrus are located in the southern portion of the respondent’s rear yard and are planted in a cluster that is roughly triangular in configuration. The applicant, Ms Salisbury, is seeking orders for the three Pears and eight Viburnums to be pruned by the respondents to a height of approximately 2.3 metres above ground level (being the height of the common boundary fence) and for the trees to be maintained at that height (or less) thereafter. The...