Watson-Brown v Heaton

This case arose from a long-standing dispute between neighbouring properties in Golden Beach. The applicant, Mr Anthony Watson-Brown, contended that the trees belonging to the respondents, Mr Troy Grant Heaton and Ms Suzanne Gaye McGrane, caused a severe obstruction to sunlight and obstructed his view from his home. The respondents argued that they had already performed considerable work on the trees and that the applicant's claims were unfounded. The central legal issues before the Tribunal were whether the trees on the respondents' property obstructed sunlight or obstructed a view from the applicant's property as defined by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), and if so, whether the obstruction was severe enough to warrant further pruning or removal of the trees.

The Tribunal examined the evidence presented by both parties, including expert reports from arborists Mr Michael Sowden and Mr Scott Hanley. The Tribunal also conducted an inspection of the property with Mr Sowden to assess the extent of the works already undertaken. Based on this evidence, the Tribunal found that the golden cane palm closest to the southeast corner of the dwelling and the two golden cane palms within the timber decking surface still required pruning and removal. The Tribunal rejected the recommendation to remove a large clump of Budda Bamboo, as it did not obstruct sunlight, did not drop leaves onto the applicant's property, and did not pose a risk of structural damage. The Tribunal also held that the applicant's "view" did not include a view of the sky, as it is not a protected view under the Act.

The Tribunal ordered the respondents to prune and remove the specified trees in accordance with detailed guidelines, including compliance with Australian Standard 4373-2007 "Pruning of amenity trees" and the requirement that all works be performed by a qualified arborist with appropriate insurance. The orders also specified the removal of all tree debris and the prohibition of climbing spurs, climbing gaffs, and climbing irons during pruning works.