TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring trees — whether trees are likely to cause damage — no orders under Pt 2 — Pt 2A application — whether Pt 2A applies to the trees — whether trees severely obstruct sunlight or views — no orders under Pt 2A
Quick Take
1Under s 10(2)(a) of the Trees (Disputes Between Neighbours) Act 2006 (NSW), a single small root found beneath pavers that has not displaced them, and whose origin from the respondent's trees has not been established, is insufficient to satisfy the Court that damage is likely in the near future (applying the 12-month timeframe from Yang v Scerri [2007] NSWLEC 592).
2Under s 14A(1) of the Trees Act, not all trees in a hedge need be 2.5 metres tall for Part 2A to apply, and trees need not be 2.5 metres tall at the time of hearing if they otherwise have or might reach that height (applying Wisdom v Payn [2011] NSWLEC 1012 and Steber v Job [2019] NSWLEC 1308).
3Obstruction of less than 20% of the available sky view from a window, where the obstructed outlook comprises mostly nearby dwelling roofs rather than a district view, does not constitute severe obstruction of a view under s 14E(2)(a)(ii) of the Trees Act.
