Success rate to appeal against removing backyard tree?

Hi,
We got a vacant block of land comes under knox council. There's big eucalyptus tree on backyard of property.
After reviewing our planning permit, council has put a restriction to remove this tree.
My questions are:

1) Is there any creative way to convince council to get permit for tree removal?
2) What sort of success rate if we appeal against the council decision?

Any other pointer or help would be appreciated.

Thanks in advance.
Kevin
 
Hi kksmith,

Get the tree assessed by a qualified tree surgeon, get them to deem it dangerous, take report to council, not council officers.

After reviewing our planning permit, council has put a restriction to remove this tree.

Does council know how dangerous this tree is?? or are they just going on the recommendation of an unqualified council planner (in matters of tree safety).

Do you really think they are going to argue against a qualification that says the tree can fall on neighbours kids??

A hint here, no one can guarantee any tree is 'safe'. Any real tree expert will always include this someway in a report.

bye
 
Gum trees are great - in the bush.
They are the wrong kind of tree to have in town and especially in the back yard.
They are not called "widow-makers" for nothing.
They crush people, houses and cars when they drop their branches - and they don't have to wait for a wind storm to do it either.

These trees have a habit of dying unexpectedly (if you know what I mean) and must be removed for safety reasons ......;)
 
KKSmith

Not knowing Knox area overly well are there a number of these trees overly well are there a number of them in the area, if you do have a someone nearby it may be wise to also see if they have tried. Still definitley go through the process the process of getting a tree surveyor in to look at it and as Propertunity try and get it mentioning negative things such as kids and damage. The reason why I mentioned the area is I know from family members who have tried to remove 1. An Oak tree in Glen Iris B. Another type of tree in the Camberwell links area and both failed as the council ( booroondara ) organise there own tests as they believe they still have a feature of the area. If it is just a issolated one then you should have a better chance

Jezza
 
Wow! Thanks for all those constructive and destructive ideas.
ok I think I'll find some tree surveyor and see what he says...

jezza: there are not many trees left in surrounding area I know one of neighbour has cut his tree recently. I'll get his opinion as well.

Lucky it's not rush job as we're not building yet but anyhow thanks once again to all your help.

Cheers,
Kevin
 
This might sound like a stupid question hahaha

But what if the tree wasn't that big, manageable, you cut it down yourself? what would the fine be? :rolleyes: would it be worth your while?:)
 
I've been told that a well-placed drill hole/s with some concentrated "round-up" poured into said holes is hazardous to a tree's health. ;)

I am not sure why you would want to buggar up your drill doing this.
Just go out with your [sharp]shovel dig around the area near a tree root and scrape the root raw and just pour on a liquid that the tree will soak up. This liquid is readily available at all good hardware and nursery,s :D
Its not gonna happen over night but it will happen:D

Option 2. get a kid or your self to climb the tree with your thomma hawk in your pocket, climb to the nearest fork in the branches and give it a few short sharp shots with the thomma hawk and once again pour on the liquid.

You should also get the tree surgeon to put the words "duty of care" in his report because Councils get real scared when they hear these words.
Now, once you have indicated to Council the danger of damage in writting then 100% responsibitliy and liability is with them in the event of damage if they do not allow the tree to be removed, if you dont believe me then check with your insurance or a lawyer.
 
This might sound like a stupid question hahaha

But what if the tree wasn't that big, manageable, you cut it down yourself? what would the fine be? :rolleyes: would it be worth your while?:)

A neighbour of mind cleared some trees or l would call them large shrubs, was fined 18k .
Most of the time you are required to replant with a similar size tree.
Have you ever priced a mature tree:eek:
 
Tree surgeon report and then lodged with council appears to be the preferred route (pardon the pun!) for these types of situations but don't do what recent clients of mine did and simply remove altogether. Sadly for them, the neighbours reported them to council and they ended up with a hefty fine :(

I've heard of the roundup ideas before - pity the stuff doesn't work as effectively on bamboo!!
 
the removal and associated costs can run into thousands if very large trees.

if documented as a dangerous tree, can the costs be claimed, and what are they claimed under? we have had conflicting info.
 
We have had a lot of discussion on ABC 891 talkback radio about gum trees in Adelaide Parklands suffering and weakening because of previous water restrictions on Adelaide Council who look after trees. Thank god Malcolm Lamb who is on an advisory committee to the premier, and others, told people to leave the gardeners alone to water when most appropriate and not in silly designated times. (Home water consumption went down by the way!!) All a bit stupid as industry uses most of the water anyway. But notwithstanding ... Adelaide Council are very worried about present and future dangers of the sort you are speaking of in the Parklands, and home owners will be in the same situation.


We recently had major street flooding in Adelaide, with storm water running down main roads and drains blocked. The urban density (eg two homes on a block) and lots of hard/paved surfaces mean rainwater doesn't fall onto the ground but along the streets, and floods when drains can't cope. So I guess trees won't get a drink at deep root level, hence become dangerous.
 
Damn nature getting in the way of people making money :p

We humans sure do go to great lengths to make sure every tree on Earth has a big fat red target on its proverbial back.

"drilling holes" "concerntrated round up" etc. Are we that desperate to make a buck?

Cheers

Mick
 
Hi Mick,

Trees have their places. Around here they grow like weeds. Having large trees around suburban properties where extensive damage will be done when they fall, branches break etc is just plain dumb.

City areas and suburbs are for people to live in, not nature reserves. Why should an individual property owner not have the ability to manage their own vegetation as they see fit as they are responsible for any damage that the vegetation causes others?? If you have a small tree that drops a branch on the kid next door and makes a quadraplegic of him YOU are liable.

bye
 
Hi Mick,

Trees have their places. Around here they grow like weeds. Having large trees around suburban properties where extensive damage will be done when they fall, branches break etc is just plain dumb.

City areas and suburbs are for people to live in, not nature reserves. Why should an individual property owner not have the ability to manage their own vegetation as they see fit as they are responsible for any damage that the vegetation causes others?? If you have a small tree that drops a branch on the kid next door and makes a quadraplegic of him YOU are liable.

bye

Fair point Bill, :D

Just seems that, most of the time, tree's get a bad wrap and are only targeted or mentioned when there is money to be made. Making money seems to always come before keeping things "safe".

I agree, I would never want to do harm or damage to anything or anyone else by a tree that is on my property, in fact, we have a huge (approx 4-5 story) pine tree in our very own backyard and we have not even considered wether it is safe or not. Its been there well over 100 years im guessing and was there before any houses were built around it.

I guess my opinion has no weight to it until im in the same situation. Who knows, our tree may go if we sub divide our block. :eek:


Cheers

Mick
 
The key is the arborist's report. It should clearly state the tree is dangerous and can drop branches at any time. It should also state that that type of tree is unsuitable for a domestic back yard where children play and where houses are close by.

Once you have the report (well worth paying a few hundred bucks for it), fax/email it to all to Councillors with the warning that you will hold them personally responsible for any death or injury that occurs if they prevent the tree being removed. It is within Councillors' power to call in any town planning application to be decided by Councillors, not the delegated officers.

Also inform them that you'll be telling your insurer that the Council is forcing you to bear a high, unreasonable risk of death or injury so if anything happens, your insurer will come after the Council and the Councillors for negligence.

This should scare the Councillors into accepting your tree removal application. But you must go through the Councillors, not the officers, to apply political pressure.
 
I've been told that a well-placed drill hole/s with some concentrated "round-up" poured into said holes is hazardous to a tree's health. ;)

make sure you do it well underground - in the roots - and cover it back up otherwise the arborist will see where it has been poisoned and is obliged to report this to council.

actually, poisoning is a bit tricky as the trees die in a very obvious "i've been poisoned" manner.

we had 5 removed from current property because they were riddled with borer - perhaps, if you haven't started building, introduce a big termites nest or something.

p.s. mick ... i replaced the 5 huge gums with around 50 smaller and more appropriate shrubs, fruit and climbing plants
 
while i am no tree hugger, a lot of what has been said is pure BS, the site is vacant, so its hardly a danger to anyone at the moment, how often do you spend time at your vacant block, it would be more unsafe to go for a bushwalk.

I assume the tree was there when you bought the property and most likely required town planning approval to remove then.

What you need to do is is see what exemptions apply for vegetation removal. If may be easier to get a permit once you have designed you house showing how you intend to landscape the property.

If not when you build your dwelling there is alot of exemptions in relation to trees near dwellings etc.
 
Tree surgeon report and then lodged with council appears to be the preferred route (pardon the pun!) for these types of situations but don't do what recent clients of mine did and simply remove altogether. Sadly for them, the neighbours reported them to council and they ended up with a hefty fine :(

I've heard of the roundup ideas before - pity the stuff doesn't work as effectively on bamboo!!

Roundup is actually enviroment friendly . aparently it breaks down as soon as it hits soil. l have even heard it called frog friendly:eek:
However l am not talking roundup, its another not so frog friendly product and its good stuff:D and yes it does get rid of bamboo:)
slow and steady but it works
cheers
 
Roundup is actually enviroment friendly . aparently it breaks down as soon as it hits soil. l have even heard it called frog friendly:eek:


Your partly right. Roundup is fairly harmless. But it's mixed with detergent to make the mixture 'wetter', or so it will disperse over the leaves of plants. The detergent is harmfull, just like dishwashing liquid or laundry detergent, and the detergent will harm frogs.

I'd call roundup envirnomentally friendly. If you compare my farm and soil now with what it was 20 years ago when we had to plough up weeds I'd reckon it is. Dry ploughed up soil is pretty barren. Now it's full of microbs and worms and quails live amongst the stubbles.


See ya's.
 
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