Before making an application to the, the Bogans requested the Serraos prune and maintain the bamboo at the common fence height or remove it completely, but the neighbours refused.
Regarding the fence, Douglas said it was over 25 years old and was exhibiting rust at the base of two posts and along the top rails. However, while he found the bamboo had not damaged the fence yet, he said it was likely to damage the fence in the near future during periods of strong winds where the bamboo mass would rock it.
He also ordered the bamboo be pruned annually, but “not to an extent that may compromise the privacy it affords the . “I was not persuaded by the claim that the bamboo had exacerbated rusting of the fence but was instead satisfied that age-related wear, tear, and rusting were the causes of the fence’s deterioration,” he said.
“The shed was over 32 years old, and the gutter guard, claimed to be rusted by bamboo leaves, was 13 years old,” Douglas said.