Tranmere residents take neighbour Thomas Pierce to court after he cut down his own tree amid poisoning claim

A man who cut down a tree on his property in Adelaide’s east has been taken to court by irate neighbours amid poisoning claims, in what’s been called a “test case” by the residents’ lawyer Nick Xenophon.

Healthy, dead, and gone: MetroMap aerial photos of the Tranmere property showing the gum tree in full health in 2015, after it died in 2018 and after it was removed in 2018.

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Residents have taken legal action against a neighbour over the axing of a gum tree on his own Tranmere property and are seeking court orders compelling him to plant a new tree in its place.

Friends of Richardson Ave Inc, who describe their purpose as protecting Tranmere from overdevelopment and to reduce loss of river red gums, have alleged Thomas James Pierce, or his agents, felled the significant tree at 4 Richardson Ave without approval.

In their summons the FORA allege the tree was removed between April 1, 2018 and June 30, 2018 constituting “tree-damaging activity” under the Development Act.

They are seeking a replacement tree be planted and that Mr Pierce “do all things reasonably necessary to nurture, protect and maintain the new tree for a period of not less than ten years, or alternatively make payment or payments toward the maintenance of the new tree for a period of not less than ten years”.

The residents’ lawyer, Nick Xenophon, has said the action was a test case.

A March 2013 image of 4 Richardson Avenue, Tranmere, showing the river red gum tree next to the car. The lemon-scented gum at the front of the picture was also removed. Picture: Google

In an affidavit filed with the Environment Resources and Development Court, FORA’s public officer David Kubler alleges, based on correspondence with Campbelltown Council staff and elected members, that the tree may have been poisoned.

“Based on the material available to me, I do not believe that the council was able to identify a specific person who drilled into the tree and poisoned it,” he claims.

“I believe who that person is remains unsolved. Nevertheless, I believe that the respondent, as the owner of the property, either removed the tree or engaged someone at his behest to remove the tree.

“I am not aware of any evidence to suggest that the tree was dead when it was removed.”

In his affidavit he says the tree’s deteriorating health was first noticed in March 2017.

Mr Kubler told The Advertiser that the association was formed in February and has 18 members concerned about the loss of mature trees in the area.

“We are just trying to preserve the character and environment of the area, especially in our council area that has suffered significant green cover loss in recent years,” said Mr Kubler, who has lived on Richardson Ave for 11 years.

4 Richardson Ave, Tranmere, as seen on Tuesday. Picture: Tricia Watkinson

Property title searches show that Mr Pierce bought the property in 2015.

The council’s assessment panel approved plans on October 22, 2019 to demolish the existing house and build five townhouses on the 1000 sqm block, which backs on to Third Creek.

Minutes of the meeting state that the application was lodged on behalf of “owner” Eminent Homes, whose director is not Mr Pierce.

Botten Levinson Lawyers’ James Roder, acting for Mr Pierce, told the court on Tuesday he would file an application this week seeking to revoke the summons.

“The respondent’s position is this proceeding’s both misconceived at fact and at law,” he said.

He said the removal of the tree was not a breach of development regulations and that “tree damaging activity is defined to exclude the removal of a dead tree”.

“And on the affidavit evidence it does accept at one point the tree is dead,” he said.

The matter has been set down for argument on September 11.