Rose Bay, Sydney neighbours’ courtroom battle over palm tree and $28million harbour view

Two neighbors were dragged into a courtroom brawl over six palm trees, one of which complained they obstructed her view of the $28 million harbor.

Georgina Black said her uninterrupted view of Sydney Harbor was obstructed when neighbor Samira Jeihooni planted six cabbage palms on their Rose Bay property in November 2021.

Ms Black, who bought her waterfront home in 2015 for $28 million, asked the Land and Environment Court to order Ms Jeihooni to remove the trees, which can grow up to 50 feet (15 m) tall.

She said the cabbage trees obscured her vision and Ms. Jeihooni had to plant a different type of tree that would not exceed eight meters in height.

Before the trees were planted, Ms Black had spectacular views of the Harbor Bridge and Opera House from her dining room, kitchen and a first-floor bedroom, she said.

Ms Black’s urban planner said in her filing that four of her neighbors’ trees had a “serious and devastating impact” on her views.

But Ms. Jeihooni said the trees helped provide privacy and shade to her garden, pool and home.

In her decision, Acting Commissioner Lynne Sheridan said, “The views previously available have contributed significantly to the qualitative enjoyment of (Ms. Black’s home).”

The Commissioner noted that Ms. Jeihooni had had the trees trimmed since the application.

She also pointed out that Ms. Black’s husband offered to pay for the removal of the trees, but was rejected by Ms. Jeihooni’s husband.

“The nature of the communication between the parties during the hearing reassured me that they are unlikely to reach an agreement,” Ms Sheridan said.

In order for the Jeihoonis to cut down their trees, the court had to determine that two or more trees formed a hedge and severely obstructed the view.

While Ms. Black’s arborist said that the palms did indeed form a hedge, Ms. Jeihooni’s arborist said they never will because their leaves will never connect.

Ms. Sheridan, who visited the site, found that the trees did not form a hedge and gave three reasons in her explanation.

Before the trees were planted, Ms Black had spectacular views of the Harbor Bridge and Opera House from her dining room, kitchen and a first-floor bedroom, she said

Ms Black has applied to the Land and Environmental Court to order Ms Jeihooni to remove the cabbage palms, which can grow up to 50 feet (stock image)

First, she said the palm trees weren’t planted close enough together to form a continuous barrier or screen.

“Secondly, I think it unlikely that anyone trying to create a hedge or screen would have planted palm trees that typically have a straight, slender trunk with leaves at the top of the trunk,” Ms Sheridan said.

“Thirdly, there is no sign that these trees were ever maintained by (Mrs. Jeihooni) as a hedge.”

Mrs. Sheridan added that the trees did little to obstruct Mrs. Black’s view.

‘For example, my observations on the spot were that the palms obscure the view of the harbor and Sydney Harbor Bridge from different seats at the dining table or from a certain view from the kitchen.

“However, the totality of the view, including views of Sydney Harbour, Harbor Bridge and the Opera House from other areas of the dining room, dining room, living room, kitchen, secondary living areas and bedrooms, is preserved,” she said.

Ms. Sheridan denied Ms. Black off.