Elderly Manly West woman faces financial strain over tree dispute with council

An 85-year-old woman claims Brisbane City Council’s refusal to allow the removal of a dangerous 35m tree on her rental property is financially crippling her.

Neighbour Paul Grice says neighbours are also in fear of the massive gum tree dropping branches which could weigh more than 1 tonne. Pictures: The Courier-Mail

An elderly Manly West woman claims Brisbane City Council’s refusal to allow the removal of a hazardous 35-metre Flooded Gum tree on her rental property is financially crippling her.

Lesley Beath, 85, owner of a rental cottage on Killarney Ave, says she cannot rent out the house due to fears the towering tree could fall, potentially injuring or killing a tenant.

True Vine Trees consultant arborist Joseph Leeds recommended the dying tree’s removal.

He assessed it and 14 others on the property and found the gum, located five metres from a neighbour’s fence, was dying, with a large lean, displaced roots, and poor health, deeming it an “extremely high risk”.

“The trees have outgrown their environment and pose serious risks to property and the wellbeing of nearby residents,” the report said.

An image showing T3, the flooded gum, which is 5m from the fence line and close to the back rooms of the rental property. Picture: Contributed

Despite this, the council upheld a decade-old protection order under its Natural Assets Local Law 2003, classifying the tree as “significant urban vegetation”.

Ms Beath said the council’s decision and bureaucratic delays had cost her income and left her in legal and financial limbo.

“Until the Flooded Gum tree is removed, I cannot allow a renter as I fear for their safety,” she said.

“I’m stuck in a loop of red tape while my property remains too dangerous to rent out.

“The council is asking for photos, mulching details, and a five-year maintenance plan.

“If one of the trees dies, I’m responsible for replacing it.

“I’ve written to the council twice, provided expert advice, and even detailed how branches have already crashed into neighbouring properties — one even speared through a room in my house.

“I’ve had no sleep worrying about this tree. If it falls, it could cause significant damage — or worse, hurt someone and yet I was told I can only prune branches, not reduce its height.

“Now the council is saying I need to reapply to get just this one tree cut down.”

Suncorp’s comprehensive landlord insurance covers Ms Beath’s property for damages from falling trees during insured events, such as storms, but excludes coverage for personal injury or fatalities caused by falling branches from uninsured events.

Brisbane council said the nine-month delay stemmed from Ms Beath requesting an “overnight” pause in the assessment and refusing arborists access to inspect the tree, claims she denies.

The council received Ms Beath’s request in May but took until September to respond with the order that she was denied permission to remove the tree but was allowed to prune small branches without reducing the tree’s height.

The council had initially required detailed applications, including arborist reports and replanting plans, before considering the gum tree’s removal.

Last week, it reversed its stance, stating it would grant approval to remove the tree if Ms Beath reapplied.

Neighbour Paul Grice says neighbours are also in fear of the massive gum tree dropping branches which could weigh more than 1 tonne. Pictures: The Courier-Mail

“Safety is always our top priority, and we are willing to consider any new application to remove the tree,” the council said in a statement.

The decision reversal followed a large branch, with a diameter of 17cm, snapping off the tree in January and dropping into the canopy of a tree below where it was left dangling until a neighbour called a tree lopper to safely remove it.

Neighbour Paul Grice expressed ongoing fears about the tree’s safety, citing past incidents where branches fell, causing property damage.

“We’ve been lucky no one has been hurt yet,” he said.

“We just want Ms Beath to have the right to remove this tree without her risking an $8000 fine.

“This is unfair on an elderly woman relying on the property’s income. The council needs to act now,” he said.

Mr Grice said Ms Beath was willing to fund the tree’s removal if the council lifted the protection order and he criticised the council’s handling of the issue, highlighting the impact on Ms Beath.

Ms Beath said she remained hopeful for an imminent resolution but said the process had left her exhausted and financially strained.

Originally published as Elderly Manly West woman faces financial strain over tree dispute with council