Schutz v Kotsis

Land and Environment Court New South Wales Medium Neutral Citation: Schutz v Kotsis [2016] NSWLEC 1026 Hearing dates:22 January 2016Date of orders: 22 January 2016 Decision date: 22 January 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] : Hedge obstruction of views and sunlight; obstruction not yet severe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Hornsby Local Environmental Plan 2013. Cases Cited: Devile & anor v Frith & anor [2014] NSWLEC 1002 Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 Schutz v Kotsis [2010] NSWLEC 1332 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category:Principal judgmentParties: Valdis Schutz (Applicant) Faye Kotsis (Respondent) Representation: Applicant: Mr V Schutz (Litigant in person) Respondent: Mr S Deane (Agent) File Number(s):20945 of 2015Judgment COMMISSIONER: The applicant has applied under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the pruning to a height of 2-2.25m of a row of 68 Leyland Cypress trees planted on the adjoining property along part of the common boundary. He also seeks orders for the ongoing maintenance/ hedging of the tops and sides of the trees. The orders are sought on the basis that the trees obstruct sunlight to windows of the applicant’s dwelling and views from his dwelling. The applicant is concerned that as the trees continue to grow the obstruction will increase. The applicant’s Arcadia property is zoned RU4 – Primary Production Small Lots in Hornsby Local...