Trees (Disputes Between Neighbours) Act 2006

The Court must not make an order under this Part unless it is satisfied—

that the applicant has made a reasonable effort to reach agreement with the owner of the land on which the trees are situated, and

if the requirement to give notice has not been waived, that the applicant has given notice of the application in accordance with section 14C.

The Court must not make an order under this Part unless it is satisfied that—

the trees concerned—

are severely obstructing sunlight to a window of a dwelling situated on the applicant’s land, or

are severely obstructing a view from a dwelling situated on the applicant’s land, and

the severity and nature of the obstruction is such that the applicant’s interest in having the obstruction removed, remedied or restrained outweighs any other matters that suggest the undesirability of disturbing or interfering with the trees by making an order under this Part.