TREES (DISPUTES BETWEEN NEIGHBOURS) — high hedges — whether sunlight to windows in applicant’s dwellings is severely obstructed by the hedge — obstruction of sunlight mainly caused by the cumulative impact of other factors — obstruction by the hedge is less than severe — the scope of the Trees Act is limited to cases where the applicant themselves has lost the light or view
Quick Take
1Where sunlight obstruction to an applicant's windows is primarily caused by the cumulative impact of the applicant's own building design features (excavated courtyard levels, courtyard roofs, dividing walls, brick pillars, eaves, and the applicant's own hedge), a respondent's hedge that merely exacerbates the obstruction as a secondary cause does not satisfy the 'severe obstruction' threshold under s 14E(2)(a) of the Trees Act.
2A Willoughby DCP solar access control requiring 3 hours of sunlight between 9 AM and 3 PM to 50% of living room windows must be applied pro rata relative to the hours a window can actually receive sunlight given its orientation, not compared to the full 6-hour benchmark designed for north-facing windows; otherwise absurd results follow for non-north-facing windows.
3Following Owners of Strata Plan No 52378 v Huang [2025] NSWLEC 1125, each dwelling in a strata scheme must be assessed separately for severe obstruction, and the baseline hedge height at the time each individual lot owner took occupation is the relevant comparator; it would be discriminatory for strata owners to benefit from the tenure of the longest-term residents.
