White v Baird

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: White v Baird [2014] NSWLEC 1189 Hearing dates:22 July 2014Decision date: 11 September 2014 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld. Orders are made for pruning at paragraph 97 Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); hedges; views; privacy; no action taken by respondent; consideration of TPO; orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Haindl v Daisch [2011] NSWLEC 1145 McDougall v Philip [2011] NSWLEC 1280 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Van Hoorn v Sullivan & anor [2013] NSWLEC 1111 Texts Cited: Woollahra Municipal Council Tree Preservation Order 2006 Woollahra Tree Management Policy 2011 Category:Principal judgmentParties: Christopher White (Applicant) Michelle Baird (Respondent) Representation: Wilshire Webb Staunton Beattie (Applicant) Apex Law (Respondent) Mr A Hudson, solicitor (Applicant) Ms A Hemmings (Respondent) File Number(s):20181 of 2014 JudgmentThe applicationThe Whites have lived in their Rose Bay dwelling since early 2008. At the outset of their occupancy, they say, they enjoyed views to the harbour, a headland at Nielsen Park and the surrounding districts. On the grounds that they have now lost those views due to the growth of trees on the neighbouring property, in particular three hedges, Mr White ("the applicant") has applied to the Court pursuant to s 14B of the Trees (Disputes Between Neighbours) Act 2006 ("the Trees Act") seeking orders for trees in the three hedges to be pruned and maintained at specified heights. Ms Baird ("the respondent") owns...