Ascot Park pensioner says monster tree is causing structural damage to her house but court says 23m tall river red gum must stay
A pensioner says she can no longer live in her home due to the impact of a 23m tall river red gum in her backyard. But a court has ruled the tree must stay.
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A 23m-tall significant tree in an Ascot Park backyard has been saved – despite the homeowner going to court in a bid to have it razed.
In the Environment, Resources and Development Court, pensioner Roya Zarei appealed Marion Council’s decision to disallow the removal of the river red gum from her Second Ave property.
Ms Zarei claimed engineering advice told her the tree – which has a circumference of more than 4.5m – was largely responsible for extensive structural damage to her house.
She told the court she was “terrified” to see falling cornices, gyprock and pieces of cement in her home.
She deemed the house to dangerous to live in, or rent out, and had not returned to the property since travelling overseas in November 2017.
She said a falling branch from the tree had destroyed a granny flat which once stood at the back of the property.
Ms Zarei also claimed the tree’s root system regularly caused blockages of the sewerage and fractured the concrete slab on which the granny flat once stood.
A former neighbour had written to the council in 2013 asking for the tree to be removed, saying they no longer let their children play in the backyard for fear of falling branches.
A structural engineer engaged by Marion Council said the tree was not causing significant damage to the structural integrity of the home and that Ms Zarei had not thoroughly investigated remedial measures.
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In his decision, Commissioner Alan Rumsby said the evidence did not prove removing the tree was warranted.
“While the serious structural damage suffered by the subject building is understandably distressing, I have no doubt that the appellant’s fears and concerns are genuinely held,” he said.
“Removal of the tree will not render the building any more liveable, nor will it prevent ongoing serious structural damage.
“Further, the removal of significant trees in an urban environment based on the risks to personal safety in the subject circumstances, would likely undermine the planning goals to retain large and valued trees in balance with the urban environment.”