Ocean views from Church Street on The Hill trump privacy in court

The former owner of the large house on whose boundary they grow pruned them "relatively regularly", and there were no objections.

However, the Land and Environment was told that all changed when Mr David Hughes, who moved into the historic home in 2015 or 2016, "discontinued" that practice. As the trees grew taller and more dense, the neighbours complained about an associated "increasing obstruction of views and of sunlight".

In March 2016, they started writing letters of complaint, and by 2020, there was a "marked increase" in their frequency. By October 2020, the parties went to mediation, but "without a tangible outcome".

There was "a partial trimming" in November, 2020 but, the unit dwellers say, by 2022 "view and light obstructions were severe and progressively worsening".

When Mr Hughes failed to respond to a final letter of demand in early 2022, his neighbours took it to the Land and Environment Court.

Acting Commissioner John Douglas, who conducted a site inspection before a formal hearing, found the Oleander hedge, which included a few stray Camphor laurel trees and other self-sown weed trees, stretched about 14 metres between the two properties.

He found that while the ground floor apartment was relatively dark, trimming the trees back to two or three metres wouldn't help, and the third floor was not affected, but those on the first floor had lost their views out to Nobbys Headland and the Pacific Ocean.

"Given the quality and desirability of the obstructed view, I am satisfied that the view obstruction as a consequence of the hedge is severe," Mr Douglas said.

In Mr Hughes' absence his partner Ms de Nino, who is named in court documents, said she did not want the Oleanders removed and replaced.

She valued their "advanced age and long connection to the property" and said that trimming them down to 2.5 metres would greatly reduce her family's privacy.

Privacy was important, Acting Commissioner Douglas said in his judgement handed down on January 11, but so was the amenity, and ocean views of the people living next door.

He determined that, while the hedge played an "important role" in providing privacy, it could be "judiciously pruned" yet still provide privacy. By March 11, the trees will lose their views, and the unit block residents will regain theirs.

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