TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2A application — neighbouring hedge — Leyland cypress — obstruction of views — whether the obstruction is severe — whether orders are required to prevent a view obstruction
Quick Take
1Under s 4(1)(a) of the Trees (Disputes Between Neighbours) Act 2006 (NSW), whether a zone has the 'substantial character' of a designated zone is determined principally by comparing the written objectives of the subject zone with those of the closest designated zone in the applicable LEP, rather than by reference to the surrounding landscape and allotment pattern observed at a point in time.
2Zone RU1 Primary Production under the Kiama LEP 2011, with objectives focused on sustainable primary industry and protection of agricultural land, does not have the substantial character of Zone R5 Large Lot Residential or any other zone designated in s 4(1)(a), notwithstanding that dwelling houses are permitted with consent and surrounding lots contain established dwellings.
3Where a respondent has taken genuine steps to prune a hedge and demonstrates a credible intention to maintain it at a height that does not severely obstruct the applicant's view, the Court may decline to make preventative orders under Pt 2A even where a past severe obstruction is established.
