Gareth Ward blasts ‘Shoalhaven dictatorship’ after councillor censored over debate into tree removal ban

Carlene Timbs says she will keep fighting plans to lift a two-decade-old council rule established after her husband was killed when a gumtree fell on their home, as clean up continues from record storms that battered the region.

A Nowra woman whose husband was killed when a tree fell on their house has made an impassioned plea to councillors whose plans to reform a two-decade-old council rule have been labelled by one local MP as being like a “dictatorship”.

Gordon Timbs had been fighting for years to remove a gumtree from his property when in 2002 under heavy winds the 30m tree collapsed, killing the 48-year-old, according to wife Carlene Timbs.

“We applied to council to remove it, but we were denied permission,” Ms Timbs said.

“We were told the tree was safe, and that we couldn’t cut them down or Gordon would be fined.”

Months earlier, a limb from a nearby tree had fallen on a friend’s car, destroying it, Ms Timbs said, triggering an inspection by local arborists.

Still, the parents of two were denied the right to remove it.

Gordon Timbs was killed when a gumtree fell on his south coast home in 2002 after years spent fighting to have it removed.

As a result, Ms Timbs said her grandchildren would never meet their grandfather – all, she believes, as a result of human error.

“A ranger came from the council and told us we had permission to cut the tree down on the day Gordon was killed, before his body was even removed,” Ms Timbs said.

“I'll be goddamned if I stand by and be silent for anyone else to suffer this.”

In the wake of Mr Timb’s death and the ensuing lawsuit, the Shoalhaven City Council introduced a rule commonly known as the 45 degree rule, which provides homeowners the right to remove trees within a certain distance of their property.

For two months, the new Labor and Greens-led Shoalhaven City Council have attempted to repeal the rule.

At an ordinary session on March 14, debate over the proposed changes descended in chaos, with councillors shouting at each other and a motion being passed to censor councillor Paul Ell who opposed the repeal.

Former Shoalhaven councillor and independent Kiama MP Gareth Ward was in attendance at the session and labelled the council the “Shoalhaven dictatorship”, blasting councillors he believed were driven by “idealism”.

“I don't think this is the Shoalhaven Council, it‘s the Shoalhaven dictatorship,” Mr Ward said.

“I don‘t think this is the Shoalhaven Council, it‘s the Shoalhaven dictatorship,” Kiama MP Gareth Ward said of plans by the council to remove a rule allowing residents to remove trees from their property. Picture: NCA NewsWire/Flavio Brancaleone

“I’ve never seen the seconder of a motion shut down and gagged from being able to speak.

“The fact that (the Labor and Greens councillors) don‘t even want to hear from opposing views just goes to show how extreme they are.”

Mr Ward, who was independent as a councillor, blamed the entrance of party politics into local governance for the chaos.

“I always feared this would happen,” he said.

“I was always worried that they would vote on-block and do this sort of stuff.

“We all have an opinion, but to stop an elected representative from making a contribution is extraordinary, unnecessary, and aggressive behaviour.”

The motion was later withdrawn for consultation by Mayor Amanda Findley, and comes as clean up continues across the Shoalhaven region after devastating storms flooded parts of Sussex Inlet, destroyed roads leading into Kangaroo Valley, and levelled many trees.

NSW SES Eastern Zone community capability officer Adam Jones said volunteers had been called out 800 times between February 28-March 12.

Of those callouts, at least 100 were due to fallen trees, which took down powerlines and risked damaging property.

Flooding in Sussex Inlet. March 8 2022. Picture: Nathan Schmidt

Mr Jones said storms created a higher risk of trees falling and causing damage.

“When its so wet, trees are much more likely to fall in winds,” he said.

“They can pose a great risk to people’s premises, as well as vehicles.”

Proponents of the change have said the rule is abused, and allows for the removal of trees that should be protected.

In a video posted in February, Mayor Findley said: “Many people are so confused about what the 45 degree rule means for trees.

“We want people to be safe, but we want trees (and) we want beautiful canopies here in the Shoalhaven.”

While Mr Ward agreed in the need to preserve the natural environment of the Shoalhaven, he said he was doubtful any repeal of the 45 Degree Rule would have a positive effect, and would put lives at risk.

“I have not seen evidence of there being misuse of the policy presented by those that want to get rid of it,” he said.

“What I know about trees is you can always plant new ones, but you can‘t replace human life.

“We want people to be safe, but we want trees (and) we want beautiful canopies here in the Shoalhaven,” Shoalhaven City Council Mayor Amanda Findley said.

“You really have to decide what comes first; life and property, or a tree that could potentially cause the sorts of impacts we’ve seen.”

For Ms Timbs, the fight was only just beginning.

“People say that I’m only running on emotions, but we have to live with this,” she said.

“What happened to Gordon is exactly what is happening to people now, and it will continue to happen if they are stopped from cutting trees down that are on their place, with the facade that we‘re ruining the green canopy of Shoalhaven.

“I‘m prepared to fight because I really don’t want any other family to go through this.”

Amanda Finley was contacted for comment on the proposed changes, including evidence of misuse of the rule, but did not respond.