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$37,200 for hatracking casuarina tree - BALGOWLAH

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Old 8th December 2011, 08:36 AM   #1
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Exclamation $37,200 for hatracking casuarina tree - BALGOWLAH

What about the contractor that did the job, where his ethics and professionalism?

Battle of the lone pine: $40k bill for cutting tree - Council - News - The Manly Daily
Quote:
Battle of the lone pine: $40k bill for cutting tree
7 Dec 11

The illegally pruned tree

A BALGOWLAH property owner is facing a bill approaching $40,000 for illegally lopping a protected tree after complaining its branches and pine needles were clogging his gutters.

Tuck Seng Lee, who owns a house next to the Balgowlah Boys High School campus, paid a tradesman cash to cut back a mature casuarina tree on a Sunday morning in May last year.

Manly Council rangers were warned of the illegal lopping and found nearly half the tree’s foliage had been cut away by the time they arrived.

The council’s tree preservation order states consent must be given to prune more than 10 per cent of any tree more than 5m tall.

Mr Lee, who admitted to the illegal pruning, told the Land and Environment Court he had experienced problems with water leaks in his house because of pine needles gathering on his roof and blocking drainpipes.

He said he needed to organise the pruning work quickly before he left to work overseas for four years and was not aware he needed council permission to cut back the tree.

Justice Nicola Pain said the tree acted as a buffer between the school site and neighbouring properties, but it had been left “something of an eyesore” with a bare stump at the top.

Dennis O’Neill, whose property also borders the school, reported the lopping to the council and said he believed the tree had been cut back on the Sunday morning to create the minimum of fuss.

Mr Lee was convicted of the illegal tree pruning and ordered to pay a fine of $7200 and the council’s legal fees, estimated to be about $30,000.
Experts reported the tree needed to be removed and a replacement planted, which the property owner has also agreed to pay for.
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Old 8th December 2011, 09:20 AM   #2
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Default Re: $37,200 for hatracking casuarina tree - BALGOWLAH

Stop before you lop!
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Old 8th December 2011, 02:21 PM   #3
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Default Re: $37,200 for hatracking casuarina tree - BALGOWLAH

LOL, $7k fine and $30k legal fees. Wheres the fine for the guy who actually did the work?
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Old 8th December 2011, 06:30 PM   #4
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Default Re: $37,200 for hatracking casuarina tree - BALGOWLAH

Quote:
Originally Posted by Eric Frei View Post
What about the contractor that did the job, where his ethics and professionalism?

Battle of the lone pine: $40k bill for cutting tree - Council - News - The Manly Daily
Geezz, I'm very sorry but, to me this is all bullshit and one of the reasons why I don't stand this council's need to go to such extremes...!

I would like to know where the money they want from this guy is going to or who's pockets...!

Another example of councils need to create sensationalism stories to scare people and show their power, sorry but, I will never accept that, ever...!

They say that, one of the reasons for such penalties is due to the fact that the tree was mature and "protected", what...??? a Casuarina...??? what in a heck, they are one of the worse weeds I have seen in SA and I wouldn't expect them to not spread the way they do, in any other location is Australia.

Now look at the house roof hight and proximity of this tree, who planted it there in the first place and why...??? did that person knew what a Casuarina tree develops into, size and mess...??? Is there any other tree that could be a higher fire hazard than Casuarinas...??? did the person that called the tree a mature tree, seen really a mature Casuarina...???

They also say "tree acted as a buffer between the school site and neighbouring properties", really...??? from the pic I can't see how, unless trees in that fence were planted to totally enclose the space in between the house and other vegetation, which brings me to the same question as before, who with any knowledge of tree development would put a Casuarina that close to the house/roof...??? Was it a registered garden developer, a knowledgeable gardener, the contractor that built the house, the house owner or the great neighbour this guy had...?

Lets look a little inside of this situation, the house owner (from the name) is a Chinese person (citizen or not), Chinese people (99% of them) don't have a clue about trees or land maintenance issues, in either urban or rural environments, I know I've been dealing with them for many years.

Now, did this friendly neighbour called the council officers because he his a tree hugger, or a racist...???
If this neighbour, which I have no doubt, knew of the house owner's complains and concerns about the gutters and roof getting clogged up with the tree needles, and most certainly aware of the tree been far too close to the house, becoming more obvious as it grown, (and these are super fast growers), why didn't he, as a concern as responsible citizen and neighbour, approach this guy with some better solutions, before the tree reached such size...??? did you just say, none of his business...??? well, was his business to call the authorities, huh...???

Is this what you certified and responsible arborists out there, want the future of proper tree management to be...??? Is this the way authorities (councils), want to resolve these matters...??? really...???, how many of you out there, have cut or done some work on a tree that could have blown in your face, due to a cranky neighbour or a council that, needs to sacrifice someone to show their authority, putting some good money in someone pockets inside the "system", including your own trees, if you ever want to have any, as that is what and how people will feel and behave in the future with all this bullshit...!

When are some people and some "authorities" start to use common sense and reasonable actions within their attitudes...???

Was the cash that made the tree person to climbed the tree and do the job or was something else...???, does it make any difference if was a certified arborist or not..??? the judge didn't seen it relevant, and there is a reason why the name wasn't disclosed...! what are the connections of this tree person that done this job and some of the councils head honkers...??? not relevant...??? think again...!

So, this happened May last year (2010) and only now we heard about it...??? strange...!

What purpose does this type of council's behaviour serve...??? do they really want people to stop planted any trees in their yards, regardless of size so that they never can be put in such situations...??? Is this a good incentive to make people to want to do their bit to a more breathable planet and make their places of living, a more pleasant place to be...??? because I wouldn't wanted to plant any trees if I would to built and own a house in an urban area...!

What is the significance of that tree in the scale of things and what better penalties could be impose to someone like this Chinese guy...??? why not make him pay for the removal of that damn tree and clean up and make him plant 100 "suitable" trees in council's land. Why would anyone want the removal and replacement with another tree, that close to the house in the first place, what would it be more beneficial to everyone, is this world going crazy...???

That maybe explain why I never wanted to get certification and have to live in an urban environment to make a living.
Anyone that has cut trees for a living and work in forestry for as more years as some of these young chooks in councils, have of age, can appreciate the freedom and simplicity of such life, no wonder why they don't want to get bogged up in red tape and bullshit, experienced in urban locations, this is just madness...!

Now, before someone decided to jump on my throat, remember, these are my thoughts and opinions, Is within my right to express them any time I feel appropriate, and in any civilized and free world country, such as Australia. You don't have to agree or disagree, no one is asking you to, I would never work under such conditions, nor I need so, therefore, I reserve the right to do express my views...!

Cheers
George

Last edited by George Valentine; 8th December 2011 at 10:43 PM. Reason: correct text
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Old 18th December 2011, 11:57 PM   #5
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Default Re: $37,200 for hatracking casuarina tree - BALGOWLAH

Oh god here we go again.
You really have a chip on your shoulder about councils don't you nyodine.
On this thread and others.

Council tree regs are there for a reason. So people don't just come along and clear all the trees and turn the area into a concrete jungle (like the western suburbs).

This case was an obvious breach of the reg's so damn right the guys should get a fine.

So this tree that has likely been there long before him and will be long after he moves gets hacked (and subsequently removed) because it drops a few "pine" needles in his gutter.
Maybe he should get his arse up a ladder and clean his gutters out more often or hire a contractor or local kid to do it.
meanwhile the shade, screaning, biodiversity, habitat etc value this tree was providing have gone up in a puff of 2 stroke exhaust via a hack with a saw.

The council bashers need to get it into their heads that it doesn't matter if it's your land, there are laws that need to be followed whether it's building codes, TPO's, gun laws or the manufacture of drugs. Just because it's on your land mean you can do what you like.

Also Im sure im not alone in finding this part you wrote just a little ironic.
Quote:
Chinese people (99% of them) don't have a clue about trees or land maintenance issues, in either urban or rural environments, I know I've been dealing with them for many years.

Now, did this friendly neighbour called the council officers because he his a tree hugger, or a racist...???
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Old 14th April 2012, 10:16 PM   #6
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Default Re: $37,200 for hatracking casuarina tree - BALGOWLAH

Good to see fines getting issued!
its just a pity they are not getting issued to the guys doing the work! Quite obviously more dodgy loppers!
The Tree Preservation Orders are there for a reason and profressionals live and work by them.
Working on a Sunday- also illegal and probably door knocking presure sales men.
Does anyone else get sick of quoting jobs that need council approval only to be told " we don't want the council coming here and the other guy quoting said we don't need it" .
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