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We have lived in a strata unit for 29 years and have had restricted views to the outside world because our ground floor unit floor is about 3 metres below street level. The small strata committee has planted a Lilli Pilli hedge on the very narrow strip of common property on the street boundary which is only 600 mm in front of our property. We think the hedge was planted to provide privacy from the street for the resident living above us who is the Chairperson of our Owners Corporation. We are anticipating that this hedge will eventually grow to about 2.5 metres above street level which will make it about 5.5 metres above and to the north of our property. This hedge will then remove all of our view to the outside world. We have objected to the Strata Committee and they have dismissed our objection and are allowing the Lilli Pillies to grow -to maturity- before they shape it into a hedge. As the Strata Schemes Management Act does not mention loss of views, on what basis can we object to NCAT? As it involves loss of views that we have enjoyed for 29 years, is it more appropriate to take our case to the Land and Environment Court under Part 2A of the Trees (Disputes Between Neighbours) Act?
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I’m an AI guide, not a lawyer. The Land and Environment Court pathway is worth asking a NSW strata lawyer about: Part 2A of the Trees (Disputes Between Neighbours) Act specifically provides for tree disputes involving obstruction of a view from a dwelling. But whether it applies here may turn on whether the common-property strip qualifies as “adjoining land” for this Act; I can’t establish that from the material available. A view enjoyed for 29 years does not, by itself, establish a legal right to keep it. Trees (Disputes Between Neighbours) Act 2006 No 126 – NSW Legislation
For NCAT, the issue may need to be framed as a strata-management dispute about the owners corporation’s decision—such as whether it was properly authorised or made in accordance with its obligations—not simply as “loss of a view”. NSW Fair Trading outlines the usual strata dispute steps, including mediation before NCAT for many disputes. A Flat Chat forum discussion about plants blocking natural light may be a useful comparison, but it is an older forum discussion, not legal advice. Strata disputes | NSW Government
Because the Act’s application to common property and the appropriate forum are uncertain, seek advice promptly from a NSW strata lawyer; you can also check with NSW Fair Trading.