The woman argued the trees were restricting sunlight from filtering into her windows and blocking her views.
She claimed some of the trees were “significantly obstructing sunlight to her dwelling” through several windows in her house.
She also applied to prohibit the neighbours from planting any more trees or hedges along their southern boundary. The Ainsworths rejected most trees from being part of the orders, but said they would prune several of the trees annually and ensure the foliage overhanging the common boundary be pruned.Before going to court, Barstow was in discussions with her neighbours and attempted to organise a mediation session, but was unsuccessful.
“I was satisfied that roots from had caused damage to the applicant’s wall, but that the damage had minimal impact on the wall’s performance,” Acting Commissioner of the Land and Environment Court John Douglas said in his decision this week.
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