Gold Coast court: Broadbeach Waters neighbours in court twice in four years for overhanging trees

Neighbours in an up-market waterfront Gold Coast street are so fed up with each other they have ended up in a courtroom for the second time in four years.

NEIGHBOURS in an up-market waterfront street in Broadbeach Waters are so fed up with each other they have ended up in a courtroom for the second time in four years.

The reason? Overhanging trees.

Carol Bool is accusing neighbour Stuart Constable of having trees so tall and troublesome they are destroying her pool, gutters and entertaining area.

Ms Bool claims an agreement reached in 2016 is “futile” and the trees separating their waterfront homes on Tumbi Street need to be removed.

After going to the Queensland Civil and Administrative Tribunal (QCAT) in 2015, Ms Bool and Mr Constable came up with a mutual agreement to have the trees regularly trimmed.

The trees have caused a major problem between the neighbours.

SUBSCRIBE TO THE BULLETIN FOR JUST $5 A MONTH FOR THE FIRST THREE MONTHS

Ms Bool now alleges Mr Constable has used “every thinkable cliche” to avoid trimming the trees as agreed, including he cannot afford costs of trimming, the trees were too high, “trees are not a problem, you are” and questioning why she bought a home near the trees.

She has sought help from QCAT to have the earlier agreement about the trimming overturned and the trees removed.

In her application to the tribunal, Ms Bool claims the cadaghi, umbrella and flame trees are depositing leaf litters in the gutters and spreading foliage on to her property and into her pool.

Mr Constable, however, claims his arborist had done all he could to trim the trees on his $1 million property.

He said the trees were trimmed in October 2016 and May and June 2018.

A QCAT judgment from Senior Member Ian Brown this month detailed Mr Constable’s efforts to have the trees trimmed.

IN OTHER NEWS

What you need to know about Smiles Inclusive

Cyclones clash cancelled by ‘tragic’ scenes

Man trapped after rope swing fall

“Various tree works were undertaken including reducing and removing epicormic regrowth, reduction of lateral branches and raising the tree canopy,” the QCAT documents read.

The neighbours have both owned their homes for more than a decade, according to sales information on the properties.

It’s the second time they’ve been to court.

Queensland Law Society president Bill Potts said it was “extremely rare” for neighbourhood disputes to end up in QCAT.

He said the tribunal encouraged neighbours to try to mediate the dispute before making an application.

Mr Potts said neighbour disputes were “difficult” to mediate.

Ms Bool has been asked to file more information with QCAT before the matter can progress further.