Family ordered by Marion Council to remove ‘unlawful’ treehouse lodges appeal in court

A family will go to court to try to save their daughter’s treehouse – which Marion Council has demanded must be pulled down.

A family ordered to remove their teenage daughter’s treehouse by a local council has lodged an appeal against the decision in court.

Last month Marion Council ordered Joe and Tanya Statton to pull down a half-finished treehouse he had started building in his front yard for 13-year-old stepdaughter Zenayah after labelling it an “unlawful” structure.

The Stattons have refused to remove the treehouse after their attempts to seek guidance from the council were ignored and are now appealing the council’s decision in the Environment, Resources and Development Court.

In the appeal lodged with the ERD Court on Tuesday, Mrs Statton argued that as the treehouse is “solely contained within the branches of a tree it does not require development approval” and that the council had “not provided clear instructions” or an “alternative arrangement”.

Joe Stratton outside his home in Seaview Downs, in the treehouse he’s building for his stepdaughter, Marion Council has ordered him to take it down – so he’s going to court. Picture: Matt Loxton

Mrs Statton is seeking that Marion Council revoke the enforcement and provide retrospective development approval for the treehouse if necessary.

After The Advertiser reported the council’s decision to have the treehouse removed, which sparked public uproar, Marion mayor Kris Hanna said the council would work with Mr Statton to ensure the treehouse met development requirements.

“The preferable course of action is that he talks to staff sincerely … it’s not like the council is going to go around with a chainsaw tomorrow,” Mr Hanna told The Advertiser in early April.

“If there’s a reasonable plan, then that’s the sort of thing that would be entertained by council.”

Less than a fortnight later, the Stattons were served with an enforcement notice ordering the treehouse to be removed by May 6 or they faced up to a $20,000 fine.

Mr Hanna then told The Advertiser he supported the council’s decision to order the removal of the treehouse.

“The letter has been issued giving him a direction to take it down by May 6 and the council stands by that decision,” he said.

According to the council, tree houses or cubbyhouses were required to be 5sq m or fewer to be exempt from submitting a development application, while Zenayah’s treehouse measured just over 6sq m.

The Stattons are hopeful they will be able to keep Zenayah’s treehouse.

“I’m very disappointed that the council has not communicated with us,” Mrs Statton said.

“They’re just trying to use their weight to bully us.”