Implications of Owning a Protected Fig Tree

Treegazer

I am interested in purchasing a property in an inner city suburb of Brisbane, Australia, with a very large ficus benjamina (weeping fig) on it. It’s about 30m tall and has a canopy of about 20m diameter. Council are going to put a vegetation protect order (VPO) on the tree in the next few weeks. The tree is on our front boundary and partially on council land (on the nature strip) and therefore Brisbane City Council have a shared responsibility for the tree.
The positives of being the tree’s keepers are obvious, however when we are looking at spending $700-800K buying the property, we don’t want to end up in a world of financial problems because of the tree we so love.
I plan on asking the following questions to our solicitor, a valuer and council but would appreciate input from this forum.
1. Will council share the maintenance costs of the tree (if it is allowed to be pruned under the stipulations of the VPO)?
2. As the tree is known for it’s vigorous roots, if someone sues us for damages to the foundations of their house or pool;
a. Will council also be liable?
b. How do you prove which trees root(s) have damaged someone’s property?
3. Brisbane is full of large protected trees (figs or other vigorous growers);
a. Are people running around suing each other left right and centre for damage to house foundations caused by roots or do they take it as a given that when you live next door to a large vigorous growing protected tree or in a “leafy” suburb (which are highly sought after) that that is the risk you take?
4. How close to the tree can we build?
5. Are there any other construction related restrictions that we need to be aware of? Eg. Building using a particular type of construction method.
6. Does anyone know how much the market value of a property can be decreased if you have a protected tree on the property?
7. What can be the long term (over 15 years) devaluation of the property because of a VPO?
8. Can anyone share similar scenarios?
9. Are there any other negative implications of owning a protected tree in an inner city suburb that we should take into consideration before putting an offer on the property?

Tilia

can't help you with the legal stuff. but some q's
in relation to negative effects, figs can drop alot of mess, attract alot of fauna (wanted or unwanted) and depending on its position, you may miss sunlight hours,which can limit landscaping and gardening underneith,and makes winters colder. decreasing property value depends. is it screening ugly neighbours or city views, is or will the house be built to embrace its best features or be positioned were the tree will be a curse. there is a post on this site about how close you can build to this vpo that i'm sure ekka can put a link on. but from the tree's point of view the further away the better resulting in less root damage. enjoy your ben.

Eric Frei

I have built a range of calculators that can help you.

We have the tree value calculator, mind you, what is theoretical and what you'd get for the tree if you sold it are two different things.

Revised Burnley Method Tree Valuation Online Calculator

As far as Tree Protection Zones etc there's another calculator to help work it out.

Online Calculator for TPZs and SRZs as per AS4970-2009

Many of your questions I cannot answer here in Brisbane as there's no solid precedents from courts. For example by question number.

1. Most likely they will maintain what is above their land (but no real data available).

2. See a lawyer, but likely both parties responsible.

3. Yes, there are cases, tree owners have to be warned first, I have helped a few "victims" with what to do. In most cases it's settled out of court.

4 & 5. See calculators above. To build inside the TPZ will require Consulting Arborist advice and likely re-engineering.

6. Often properties with VPO's are last to sell in new subdivisions as they take land away for the tree instead of the building. Often people regret buying treed lots with VPO's.

7. Who knows?

8. Yes, I have plenty. In established suburbs with good tree selection and location people like and look after the trees, trees are no doubt an asset. There is a lot of difference as you would expect between thought out plantings and remnant eucalyptus. The cases vary widely. Recently a guy cooled off on a block purchase in Bulimba because of a large fig tree, block was 600m2 and the tree TPZ was 350m2 .... who wants that problem. Also another case, 600m2 block, 3 remnant eucalyptus .... another unhappy customer and the building envelope etc too small. Why they buy it? Who knows, but they do, but when it comes to building then they regret it. There's many, and stories go both ways but generally if you want to build versus existing house came with trees there's a big difference.

9. You need to look after the tree. You are responsible for the health of the tree, you should get regular inspections and do tree friendly things like mulch, soil conditioners etc. Depending on the type of VPO sometimes you need a report for every prune, this can get costly. So you have a "big brother" watching over you. recently I had to detail every single branch that was going to be pruned off, why and the expected tree's reaction. Also the council refused dynamic cabling, why? I do not know and want to find out however the loop between the client, council, me and the tree workers has been jumbled and now I have asked for the information. So yeah, it can be a right PITA down the track, no just doing anything you like and extra costs involved.

I'll put it to you another way, so you have a large protected tree, a so called valued asset for the community and environment .... what does council give you for that?

I am neither a tree hugger nor tree hater, I can care or kill a tree just like a vet can operate or euthanize your pet. I look at each case on it's own merits and offer options, the distinct difference between you having protected trees on your lot and not is when they are protected you have an obligation to care for that tree, and removal is the last option on the bottom of the list.

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Eric Frei

I love facts, and due to good fortune some came my way to support what I have been saying.

This is a recent case here in Brisbane (February 2010), it involves and existing tree on an already improved lot, however let the court case facts speak for themselves.

From page 15 of the attached document and this link. Now do realise that the rate payer took BCC and it's cronies to court, wanted rate relief to go up from 12% to 20% because of a large VPO fig tree on the land, and the court awarded 25%.

You are seeing land values drop because of trees on them ..... yes true, the court ruled a reduced land value of $437,500 due to a VPO tree, that's serious money and savings on paying rates

Link to Google street view so you can all see it.

http://maps.google.com.au/maps?hl=en&q=Windermere+Road+hamilton&ie=UTF8&hq=&hnear=Windermere+Rd,+Hamilton+Queensland+4007&ll=-27.434461,153.059464&spn=0.012093,0.01929&z=16&layer=c&cbll=-27.434373,153.059482&panoid=OrNOB4LTe1w6lHMZu5jm1A&cbp=12,107.65,,0,-12.76

Attached Thumbnails

 

Attached Files

AV2007-0071-etc.pdf (241.8 KB, 63 views)

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Eric Frei

On Thursday 29 July 2010 at 8.30am I was on the Madonna King radio show. Worth a listen.

I brought up this case. The reason why Madonna ran this story was due to footy player Gordon Tallis getting busted for cutting down protected trees.

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Eric Frei

And now that you have heard the radio show here's the story run in The Sunday Mail this weekend, strangely I cannot get this story online.

For all those people out there who are experiencing trouble with their protected trees, you heard Peter, get on the phone to him and let him know what really is going on.

Here's his contact details.

Councillor Peter Matic

Toowong Ward Office
50 High Street Toowong Qld 4066
Phone: 07 3403 2520
Fax: 07 3403 2523
Email: toowong.ward@ecn.net.au
Office hours: 8.30am - 5pm, Mon - Fri

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sueann

If you wanted that dirty great tree, in that tiny yard, gone, why couldn't you just quietly poison it. Just drill a few holes here and there and squirt poison in. Can they prove a tree has been poisoned, like they can if you feed your husband ratsak or whatever?

I love trees but I wouldn't want that one where it is.

Therrin

In a word... Yes.

Think about it. You don't think some manly, swarthy, strapping bloke like Ekka couldn't show up and take a look around. Poke at the bark, take some pictures. He'd be like, "aye mate, there's holes drilled in this 'ere tree! And judging by the sunlight percolating through the branches which heats the <widget> zone of the semifungular region and triggers my olfactory senses, I'd say they've used <x-brand> of poison on this tree. And after getting down on me belly and taste testing the soil, I reckon they poured some right on in the ground for good measure too! Bloody sneaky as"

C"mon Sueann, Ekka is like Sherlock Holmes... for trees.

Eric Frei

There's many a tree that has died from poisoning, the issue isn't finding the smoking gun but who pulled the trigger.

You need to prove who did it, not what did it.

Councils will often enforce replantings regardless of the cause of death. The original tree that was protected is no longer, but council comandeers the use of your land and forces you to replant. So what are they protecting, the tree or the land it sits upon?

Even in the case of the large tree that was felled in this thread
Landmark Tree Felled| Brisbane Council Blunder
The TPZ zone had to be replanted.

So the TPZ zone was "invented" for a tree, the tree is gone and logically so is the TPZ, but council retain the TPZ area and compell you to replant. .... even on a vacant block.

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