Event and Time
Event Description
- Parties Involved: Mr and Mrs Burns (Applicants) and Mr Burkett (Respondent)
- Location: Mount Warrigal, Illawarra region
- Background:
- Mr and Mrs Burns have lived at their property since 1998. - Mr Burkett purchased his property in 2011, which shares a boundary with the Burns' property. - A row of Red Tip Photinia trees was planted by the previous owner of Mr Burkett's property in 2006.
- Timeline of Events:
- 2013: Photographs show unobstructed views from the Burns' property. - 2017: Trees grow to over 4 meters, obstructing views significantly. Legal correspondence initiated. - May 2020: Burkett pruned trees upon request but refused to sign a maintenance agreement. - 2021-2022: Further disputes arise as the trees obstruct views again, leading to the application to the Land and Environment Court.
Application and Claims
- Applicants' Claims:
- The hedge obstructs their views of Lake Illawarra and the escarpment. - Requested actions included maintaining the hedge at or below specified heights (2.5m for pruning and 2.7m for growth). - Requested costs incurred from the legal actions taken.
- Respondent's Actions:
- Pruned the trees in November 2017 and acknowledged compliance but did not grant further requests for legal agreements. - Pruned trees to requested height in May 2020 but disputed liability for ongoing maintenance.
Judicial Decisions
- Court Decision: The application for the orders to maintain the hedge at specified heights is refused.