Inside the bitter neighbour dispute over six palm trees that owner of $28million harbourside mansion claimed ruined her views of the Sydney Opera House
- Costly courtroom battle over six trees
- Neighbours in ‘hedge’ claim stoush
Two neighbours were dragged into a courtroom battle over six palm trees with one complaining they were obstructing her $28million harbourside views.
Georgina Black said her uninterrupted views of Sydney harbour were obstructed when neighbour Samira Jeihooni planted six cabbage palm trees at their property in Rose Bay, in November 2021.
Ms Black, who bought her waterfront home for $28million in 2015, asked the Land and Environment Court to order Ms Jeihooni to remove the trees, which can grow up to 15metres high.
Six palm trees have caused a costly courtroom battle over $28million harbourside views (pictured) in Rose Bay, one of Australia’s wealthiest suburbs
She said the cabbage trees were obstructing her views and that Ms Jeihooni should plant a different type of tree that would grow to no more than than eight metres.
Before the trees were planted, Ms Black had spectacular views of the Harbour Bridge and Opera House from her dining room, kitchen and a first-floor bedroom, she said.
Ms Black’s town planner said in her application that four of her neighbour’s trees had a ‘severe and devastating impact’ on her views.
But Ms Jeihooni said the trees helped give privacy and shade to her garden, swimming pool and house.
In her decision, acting commissioner Lynne Sheridan said, ‘The previously available views contributed significantly to the qualitative enjoyment of (Ms Black’s house).’
The commissioner noted that since the the application was made, Ms Jeihooni had the trees pruned.
She also pointed out that Ms Black’s husband offered to pay for the removal of the trees, but that was turned down by Ms Jeihooni’s husband.
‘The nature of communications between the parties during the hearing satisfied me that they would be unlikely to reach agreement,’ Ms Sheridan said.
In order to make the Jeihoonis cut down their trees, the court had to find that two or more of the trees formed a hedge and severely obstructed a view.
While Ms Black’s arborist said the palms did form a hedge, Ms Jeihooni’s arborist said they did not an never will as their leaves won’t ever connect.
Ms Sheridan, who visited the site, found the trees did not form a hedge, giving three reasons in her explanation.
Before the trees were planted, Ms Black had spectacular views of the Harbour Bridge and Opera House from her dining room, kitchen and a first-floor bedroom, she said
Ms Black asked the Land and Environment Court to order Ms Jeihooni to remove the cabbage tree palms, which can grow up to 15metres (stock image)
Firstly, she said the palm trees were not planted close enough together to form a continuous barrier or screen.
‘Secondly, I find it unlikely that someone attempting to establish a hedge or screen would have planted palm trees which characteristically have a straight slender trunk with fronds at the top of the trunk,’ Ms Sheridan said.
‘Thirdly, there is no sign that these trees have ever been maintained by (Ms Jeihooni) as a hedge.’
Ms Sheridan added that the trees obstructed little of Ms Black’s views.
‘For example, my observations on site were that the palms do obstruct views of the Harbour and the Sydney Harbour Bridge from several seats at the dining room table or from one particular view from the kitchen.
‘However the totality of the view, including views of Sydney Harbour, the Harbour Bridge and Opera House from other parts of the dining room table, dining room, living room, kitchen, secondary living areas and bedrooms are retained,’ she said.
Ms Sheridan dismissed Ms Black’s application.
