TREES (DISPUTES BETWEEN NEIGHBOURS) — neighbouring hedge — view obstruction — whether the view obstruction is severe — whether the obstruction must be present on the day of the hearing — sunlight obstruction — whether sunlight obstruction is severe — whether the sunlight obstruction existed before the current hedge
Quick Take
1Under s 14E(2)(a)(ii) of the Trees Act, the Court must be satisfied that a hedge is severely obstructing a view; where the obstruction is not present at the hearing date, the Court will consider whether it is likely to recur, but photographic evidence showing at most minor or moderate historical impact is insufficient to establish severity.
2Under s 14F(b), where a replacement hedge occupies the same position and produces the same or similar sunlight obstruction as a predecessor hedge that existed before the relevant windows were constructed, the current hedge does not cause a 'loss' of sunlight but rather a continuation of a pre-existing loss, and the Court will not make orders — the standard is not set by the predecessor hedge's deteriorated, most light-porous state.
3The Tenacity four-step view assessment framework (developed for built form) remains useful for hedge disputes but does not alter the statutory requirement of severity under Part 2A.
