Scott v The Owners of Strata Plan 64730

Land and Environment Court New South Wales Medium Neutral Citation: Scott v The Owners of Strata Plan 64730 [2014] NSWLEC 1253 Hearing dates:13 October 2014Decision date: 09 December 2014 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld in part. See orders at paragraph (27) Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); hedge; sunlight; severe obstruction; orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: McDougall v Philip [2011] NSWLEC 1280 Texts Cited: Second Reading Speech, NSW Legislative Council,18 May 2010 Category:Principal judgmentParties: Jarrod Scott (Applicant) The Owners of Strata Plan 64730 (Respondent) Representation: Jarrod Scott, litigant in person, and Christopher Lane, Agent (Applicant) Yves Hazan, Solicitor (Respondent) File Number(s):20534 of 2014 JudgmentBackgroundApproximately 13 years ago a new apartment complex known as "The Grid" was constructed in Rushcutters Bay. The common open space on the north side of the building includes a swimming pool and landscaping: a row of Honey Locust trees grows alongside the pool and Lilly Pilly hedges line the boundaries. Apartments on the north side of the building enjoy harbour views to the north. At a more oblique angle their occupants can see, and perhaps be seen from, the neighbouring apartment building to the east, known as "The Mark". The Lilly Pilly hedge along the eastern boundary provides some visual screening between lower floors of the two buildings. The hedge is currently around 4.5 metres tall, but has in the past been over 7 metres tall. It was planted in 2001.Mr Scott ("the applicant") has...