Melbourne City Council ordered to pay Angela Livingstone $430k for Dryburgh St tree damage

A West Melbourne doctor will be paid by $430,000 by council after a street tree damaged her home. But the battle is not over.

A Melbourne doctor will be compensated by council after a cedar tree caused foundational damage to her home. But tree removal isn’t easy, see what rules apply in the City of Melbourne.

Council lawyers could try to uproot a decision ordering the city to pay more than $430,000 after a tree caused major damage to a West Melbourne home.

Dr Angela Livingstone took the City of Melbourne to court after a cedar tree planted in 2009 out the front lifted the footpath and damaged her single-storey Victorian home.

Since 2012 requests were put to the City of Melbourne who made minor repairs, but by 2015 the Dryburgh St home foundations had begun to shift, preventing her from opening the front door.

The West Melbourne home continued to crack internally and a case was taken against the council detailing two causes of action, in nuisance and negligence.

The council denied the tree was the cause of the cracking and pleaded contributory negligence before the case was heard in the Melbourne County Court on November 11.

Judge Lauristen told the court the City of Melbourne should have known better than to plant a tree so close to the Victorian home built in 1886.

“Overall, I find the damage to the original building at 50 Dryburgh St was due to the tree. It is the sole cause,” he said.

“The (City of Melbourne) ought to have known that damage would arise from the planting of this tree so close to an old building where the foundation soils are clay and highly reactive … damage was reasonably foreseeable.

“Dr Livingstone is entitled to damages in the sum of $435,510.08.”

A City of Melbourne spokesperson said although an outcome had been reached in court, lawyers were still exploring options.

“The City of Melbourne has been made aware that an outcome on this matter was reached in recent weeks,” a spokesperson said.

“Trees are an important community asset and provide a range of environmental, social and economic benefits.

“Council lawyers are looking into potential next steps. At this stage it would be inappropriate to comment further.”

CITY OF MELBOURNE PUBLIC TREE POLICY

There are more than 75,000 council trees in the City of Melbourne, cared for by a team of arborists.

Assessments of all council trees are done routinely to check growth, health and stability with trees pruned when needed.

Council has identified several common issues that arise with tree roots in the urban environment including direct and indirect damage.

This includes buildings, pavements and low walls distorted and foundational movement.

All claims will need to be investigated and the homeowners remain responsible for maintenance of their property which usually ends at the kerb.

Council should be notified and given the chance to inspect pipes and rouge tree roots before repairs are made.

Problem trees will only be removed if no other solution can be found.

Claims of property damage from tree roots must comply with City of Melbourne guidelines for submitting a claim.

To request a tree inspection or report damage caused by roots, tree planting and maintenance fill out the online form or call 9658 9658.

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