Court denies ‘terrified’ pensioner a tree change
In the Environment, Resources and Progress Court, pensioner Roya Zarei appealed Marion Council’s conclusion to disallow the removing of the river purple gum from her 2nd Ave assets.
Ms Zarei claimed engineering suggestions instructed her the tree – which has a circumference of much more than four.5m – was largely liable for considerable structural problems to her house.
She instructed the court she was “terrified” to see slipping cornices, gyprock and parts of cement in her dwelling.
She deemed the house to risky to reside in, or lease out, and had not returned to the assets because travelling abroad in November 2017.
She said a slipping branch from the tree had ruined a granny flat which when stood at the again of the assets.
Ms Zarei also claimed the tree’s root program often prompted blockages of the sewerage and fractured the concrete slab on which the granny flat when stood.
A previous neighbour had composed to the council in 2013 inquiring for the tree to be removed, indicating they no longer enable their children participate in in the backyard for panic of slipping branches.
A structural engineer engaged by Marion Council said the tree was not resulting in considerable problems to the structural integrity of the dwelling and that Ms Zarei had not extensively investigated remedial measures.
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In his conclusion, Commissioner Alan Rumsby said the proof did not prove eliminating the tree was warranted.
“While the severe structural problems endured by the topic developing is understandably distressing, I have no doubt that the appellant’s fears and worries are truly held,” he said.
“Removal of the tree will not render the developing any much more habitable, nor will it reduce ongoing severe structural problems.
“Further, the removing of considerable trees in an urban ecosystem centered on the challenges to individual protection in the topic circumstances, would probably undermine the organizing targets to keep large and valued trees in harmony with the urban ecosystem.”
