IMPORTANT NEWS! The Trees (Dispute Between Neighbours) Amendment Bill passed through NSW parliament on Tuesday the 18th of May giving the Land and Environment Court new powers to resolve hedge disputes.

To see the content of the Trees Amendment click here.

The amendment applies where 2 or more trees are planted to form a hedge higher than 2.5 metres.

An owner of land may apply to the Court for an order to remedy, restrain or prevent severe obstruction of:

1. sunlight to a window of a dwelling, or

2. any view from a dwelling which occurs as a consequence of trees to which this part applies.

Before making an order, an applicant must have:

1. made a reasonable effort to reach agreement with the owner of the land, and

2. give at least 21 days notice of the application to the owner of the land, any relevant authority and any other interested parties.

The clauses relating to hedge disputes will commence on 2 August, 2010.