Northern Beaches woman takes neighbour to court over trees blocking her ocean view

A Sydney woman has failed in her bid to have her neighbours’ palm trees cut down despite a court determining they do block her views of the ocean.

The woman, who lives in Queenscliff on Sydney’s Northern Beaches, applied to the Land And Environment Court to have her neigbours’ row of 15 Bangalow palms removed as they block the ocean views from her apartment.

The woman wrote to her neighbour on several occasions about the trees, but the pair were not able to reach an agreement.

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She submitted to the court that she purchased her unit for its views over Queenscliff Beach and the surrounding landscape.

When her neighbour’s property was constructed, retention of her views was considered, the court heard.

She provided photos to the court that showed her uninterrupted views of the beach before the palm trees grew taller.

The trees had been planted by the previous owners of the neighbouring’ property and form a row along the common boundary.

They have grown to a height where they now obstruct most of her views.

“Only small glimpses of the beach can be seen between palm fronds. This is the principal view from her kitchen, living area and balcony,” Acting Commissioner of the Land and Environment Court David Galwey said in his decision handed down last month.

An arborist’s report submitted to the court described the trees as being 4m-8m tall, with 10 of them being in good condition.

The arborist recommended the removal of five trees because they are in poor condition.

Despite acknowledging the palm trees cause a “severe obstruction” to the woman’s views, Galwey said the benefits of the trees outweigh the “temporary nature of the view obstruction”.

“Tree canopy brings inherent benefits, including cooling and shading,” he said.

“Unlike a dense screen formed by a hedge, the canopy formed by these palms will get higher over time, with the palms’ clear stems left beneath.

“In a few years, it is likely that much of (the applicant’s) beach view will once again be available although some sky above would be obstructed.”

Galwey did not make any orders for the removal of any trees and said it was up to the woman’s neighbour.

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