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NSW Land and Ecosystem Courtroom reject declare for neighbour’s hedge to be eradicated, Port Macquarie


Mar 11, 2023
The NSW Land and Environment Court has ruled the trees were not obstructing sunlight

A lady who claimed her neighbour’s hedge was blocking sunlight to her property has been slammed for wasting the court’s time.

Lynette May possibly Schulze, from Port Macquarie on the NSW mid north coast, claimed her neighbour Jones Russell’s house severely obstructed sunlight to 4 windows of her house.

Schulze, who has lived in the very same house because 1980, had an arrangement with Russell to permit her to trim the 17 lilly pilly trees alongside the typical boundary of the two qualities.

Russell’s house has been leased to tenants following he getting it in 2018.

Schulze made an software to the NSW Land and Setting Court docket previous calendar year to have her neighbour’s hedge possibly trimmed each and every three months or totally eliminated.

The NSW Land and Environment Court has ruled the trees were not obstructing sunlight

The NSW Land and Atmosphere Court has ruled the trees were being not obstructing sunlight

She argued the tenants had been ‘verbally and physically aggressive’ when she had tried to trim the trees to the top of the 1.8m fence since they preferred the trees to be taller in a bid for additional privacy.

The woman claimed her neighbour’s hedge blocked sunlight to her home

The woman claimed her neighbour’s hedge blocked sunlight to her home

 The lady claimed her neighbour’s hedge blocked sunlight to her residence

The trees measured about 2.5m tall at the time of the software.

Russell submitted that he too would desire the hedge to expand about 1.5m above the 1.8m fence top.

Schulze also claimed in her application to the courtroom her diminishing actual physical ability was commencing to inhibit her ability to trim the hedge was Russell was reusing to enable with the routine maintenance.

Performing Commissioner of the Court docket John Douglas refused Schulze’s software right after an onsite listening to.

‘The applicant’s nominated district sights of indigenous and city vegetation were being not obstructed by the hedge, and nor was daylight to nominated windows obstructed by the hedge,’ he mentioned.

‘The hedge was situated further than a sloping garden at the very least 10m east of the applicant’s dwelling.’

Mr Douglas reported Schulze had wasted everyone’s time, like the courtroom, in earning the software in the initial location.

‘It appeared that Ms Schulze disliked the carry out of the respondent’s tenants, and that the respondent would not produce to the applicant’s tastes pertaining to administration of the hedge,’ he stated.

‘It really should have been apparent to the applicant that the hedge did not obstruct any sunlight to windows of her dwelling nor any views from her dwelling.

‘I acknowledge that the applicant’s primary issues ended up obstructions that may well happen if the hedge grows significantly taller in the foreseeable future, but nevertheless, this application has squandered the respondent’s time, and that of the Court docket, together with community resources.’

Resource: | This short article originally belongs to isles

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