Marion Council reverses decision to let teenager’s treehouse stay if it was modified

A family says it will refuse to pull down their teenage daughter’s treehouse – after Marion Council reversed its decision to let it stay – and now faces a $20,000 fine.

A family is preparing to fight to keep its home-built treehouse after its local council reversed a decision to let it stay with some modifications.

After anonymous complaints from neighbours, Marion Council initially demanded Joe Statton pull down the unfinished treehouse he was building in the front yard of his Seaview Downs home.

After The Advertiser reported the decision – sparking a public uproar – the council agreed to work with Mr Statton to change the treehouse’s dimensions and ensure it met development requirements.

Now Mr Statton, 45, and his wife Tanya have been told they have until May 6 to pull the structure down or risk a fine of up to $20,000.

The direction was included in a letter sent to Mrs Statton on Thursday.

Earlier in April Marion Mayor Kris Hanna told The Advertiser: “The preferable course of action is that he talks to staff sincerely.”

The Stattons said they had been left confused by the council’s contradictions.

They have refused to take the treehouse down and said they were exploring their legal options.

Joe Statton and stepdaughter Zenayah, 13, in front of the treehouse Marion Council says must come down. Picture: Matt Loxton

“I still maintain that it does not require approval … we will not be taking it down,” Mrs Statton said.

Despite Mr Statton publicly agreeing to modify the treehouse so it measured the required size of 5sq m – to exempt it from needing approval – the council has accused him of intending to leave the structure “as is”.

The council said it had not received a response to its correspondence, despite the couple making contact via email on April 6.

“The council has indicated its preparedness to work with you … no further response to that correspondence has been received,” the letter said.

In a later email, the council acknowledged it had not seen Mrs Statton’s initial email, which was “regrettable”.

The council maintains Zenayah’s treehouse is not classed as a cubby or treehouse, which are exempt from requiring planning approval if the floor size measures less than 5sq m, but will not provide the Stattons with its definition of either.

Mr Hanna said he supported the council’s decision to pull down 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.

Zenayah, 13 with her stepfather Joe Stratton in the treehouse. Picture: Matt Loxton

Mr Hanna said it was not the council’s responsibility to advise Mr Statton of what met the definition of a treehouse and he was required to submit a development application.

“The obligation from the beginning is on the person building the structure,” he said.

The Stattons said they would not take the treehouse down despite threats of a fine from the council, which they said had “bullied them”.

“I’m not having the council bully me,” Mrs Statton said.

They said they had not told Zenayah about the decision because of her attachment to the treehouse.