TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006 - SECT 14D
Jurisdiction to make orders
TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006 - SECT 14D
Jurisdiction to make orders
14D Jurisdiction to make orders
(1) The Court may make such orders as it thinks fit to remedy, restrain or
prevent the severe obstruction of:
(a) sunlight to a window of a dwelling
situated on the applicant's land, or
(b) any view from a dwelling situated on
the applicant's land,
if the obstruction occurs as a consequence of trees that
are the subject of the application concerned.
(2) Without limiting the powers
of the Court to make orders under subsection (1), an order made under that
subsection may do any or all of the following:
(a) require the taking of
specified action to remedy the obstruction of sunlight or of a view,
(b)
require the taking of specified action to restrain or prevent the obstruction
of sunlight or of a view,
(c) require the taking of specified action to
maintain a tree or trees at a certain height, width or shape,
(d) require the
removal of a tree or trees and the replacement of the tree or trees with a
different species of tree,
(e) require the making of an application to obtain
any consent or other authorisation referred to in section 6 (1) (a),
(f)
authorise the applicant concerned to take specified action to remedy, restrain
or prevent the obstruction of sunlight or of a view,
(g) authorise land to be
entered for the purposes of carrying out an order under this section
(including for the purposes of obtaining quotations for the carrying out of
work on the land),
(h) require the payment of costs associated with carrying
out an order under this section.
(3) However, the power to make an order
under subsection (1) does not extend to an order that requires the payment of
compensation.
