Always consider the tree's options or pay the price

Eric Frei · 8th June 2009, 01:19 AM

This is going to be a long post.

Why?

Because it's our job.

I wouldn't be the first person who received a phone call that sounded like this... "hi, we have a large tree that is dangerous and if it fell over it would kill us, I rang the council and they said it was protected and that I'd need an arborists report to get rid of it"

Heard that before?

I bet you have. And if the council call centres are saying that then shame on them.

Because what they should be saying is .... "your tree is protected by local law and requires an arborists assessment and report with recommendations and management options".

Anyway I was reading the news and saw a very similar case where a chap in Burnside Adelaide thought he'd escalate his dangerous tree opinion to the supreme court ... and lost.

Why did he lose, other than blind arrogance because he failed to eliminate all other options prior to removal. And that my friends is our job, to consider all the options.

I have had people tell me so often that .... "it'll drop limbs, they're called widow makers you know".

Even so, they can have fall arrest systems installed for your piece of mind.

Here's the story of the Burnside man.

AdelaideNow... Tree cost Burnside man $30,000 in court battle

Quote:

A TREE planted 35 years ago which nearly killed a Burnside man has cost him $30,000 in legal costs - because his "tyrannical' local council has banned him from chopping it down.

In 2002, a branch plummeted from the 14m-tall Wallangarra white gum tree, missing almond grower Andrew Lacey by metres.

He said his golden retriever Toby saved him because his barking made him move out of the way.

Mr Lacey decided to chop down the tree for safety reasons, but when Burnside Council refused permission, he took the case all the way to the Supreme Court - and lost.

Ironically, Mr Lacey's home faces scores of elms in Prescott Tce's World War I Avenue of Honour which are now facing the council's axe.

His seven-year legal battle started when he was woodchopping beneath his tree and his dog started barking in front of him.

"He took off, I went after him and five seconds later, a huge branch fell from where I was standing about five metres away," he said.

Mr Lacey estimated the branch weighed about 400kg and fell from the tree, which is 17m in diameter.

"If I hadn't moved because of the dog I don't think I would be here to tell the story," he said.

His request to fell the tree was turned down by Burnside Council officers, who said it was a significant tree and should remain.

Mr Lacey appealed in the Environment Resources Development Court and finally the Supreme Court three weeks ago.

However, in a ruling on May 20 the Supreme Court judge backed the environment court's view that major pruning should not be ruled out as a remedial measure.

Mr Lacey, 60, said about 10 branches had fallen since he bought his home in 1998, deterring his wife Pam, 58, and his daughters Catherine, 22, Anna, 25 and Sarah, 27, from venturing into their back garden tennis court.

He said the tree was suffering because it was a Queensland native more suited to a hotter climate.

The council refused to show him a safe pruning method and refused his offer to plant several replacement trees of a native species, he said.

"My grandfather's brother is buried in Villers Bretonneux and my father's brother is buried in Alexandria in Egypt," Mr Lacey said.

"They both went to war to fight tyranny, and I find it completely objectionable that a tyrannical council won't see reason."

He said the case had cost him "in the range of $30,000, which was the fine for illegally removing them".

Meanwhile, just 100 metres from his tree, Burnside Council is planning to remove 90-year-old English elms in an Avenue of Honour planted in memory of WWI Diggers.

Residents say the trees are in poor health because of neglect, water restrictions and poor pruning by the council.

In a statement, Burnside Council chief executive Neil Jacobs said the council believed Mr Lacey's tree was in "good condition" and could be retained if it was pruned. Mr Jacobs said the trees in the Avenue of Honour were planted in 1918 and were nearing the end of their natural life.

He said residents, the RSL and Heritage SA were being consulted on replacing them "without significant impact upon the streetscape and residents."

Bruce Hopf · 8th June 2009, 01:52 AM

By the Looks of things, someone has to get Killed by the Tree, or Trees like this one, before something gets done about it.
Just like the Previous Wild Fire, that you had earlier, where the Council ignored Warnings from the People, that where concerned about the Threat that Posed by the Underbrush.
How many Homes, and Lives where lost because of it? If action would have taken place, that Disaster could have been Averted. Just my Two Pennies worth. Bruce.

Garry Brockley · 8th June 2009, 03:55 PM

I think world wide there is a lack of understanding about what true Arboriculturists do and the technical advice they can give, even councils seem oblivious to these and as usual their advice is either wrong or vague, in some ways i feel sorry for this man, but if he had taken the time to get a tree report and the correct advice given, without the knee jerk reaction, this maybe could have all been sorted quickly cheeply and amicably.
just my pennies worth

Eric Frei · 8th June 2009, 05:02 PM

Exactly, sorry to say Bruce but you missed the point.

It's about hazard mitigation and removing the tree being the final option, however as shown the tree is healthy and can be pruned sufficiently to mitigate the risk.

Here's a picture I took ages ago in Nerang on the Gold Coast where I spotted a euc with a fall arrest system on some limbs, underneath was a skate thing for kids.

Bruce Hopf · 9th June 2009, 02:54 AM

Quote:

Originally Posted by Ekka

Exactly, sorry to say Bruce but you missed the point.

It's about hazard mitigation and removing the tree being the final option, however as shown the tree is healthy and can be pruned sufficiently to mitigate the risk.

Here's a picture I took ages ago in Nerang on the Gold Coast where I spotted a uc with a fall arrest system on some limbs, underneath was a skate thing for kids.

Hi Ekka.
Sorry that I missed the point. I'm learning as I go here. I understood that the tree was in Ill, and needed something done to it, trimmed at the Base of the Tree, not Pruned. Thanks for clarifying that with me.
I have learned so much here on this Web Site, since I joined, and I'm looking forward to learning more. There is a lot of interesting information here, to learn from. Thanks for all the help, and the advice. Bruce

Bob Tooley · 9th June 2009, 03:44 AM

The philosophy of tree 'care' follows the medical professions policies where a doctor has repeat patients..repeatedly...and the undertaker has one..once.
Residential large tree care is difficult because the tree on one property is maintained by the resources everywhere 'except' on that property..To feed one person's tree you have to work in six or seven neighboring yards and pray the neighbors cooperate.. This promotes the in-trunk fertilizer injection principles, but the public's general 'tree care' practice isn't continual maintenance, but rather crisis management, and by the time we get handed the tree it's already 'over-the-hill'. I think the best tree company promotion efforts would be to show the cost comparisons between basic ongoing trouble shooting and adjustments, and the flip side of the coin.. Annual or bi-annual care -vs- post-care, and generally the ensuing.. removal. In some areas, trees have a tremendous real estate value and that figure should be included into the 'expense-loss' estimates regarding what a tree removal "really does cost". Show them you are protecting their tree...and...their property valuation...hit them where it hurts...right in the investment pocketbook.

MrDiesel · 29th July 2009, 08:22 PM

In the Baulkham Hills area council is putting in quite a few Euc. scoparia and nicholli. I am fairly limited in what i know but there seems to be a growing reputation that these guys start dropping branches when they get around the 30 year old mark. I reckon it would be great to see councils involving arboists at the planning stage for public areas to look at longer lasting trees rather than quick growing trees. I have seen the council putting in root bound trees which dont look like they will see 5 years.

Got that off my chest. Ill be quiet now

Sunraysia Tree Solutions · 3rd February 2010, 12:04 PM

What rope material did they use as the fall arrestor at the skate park ?
Was it Cobra rope ? What would the breaking strain be and how often would it need to be checked ?

8th June 2009, 01:52 AM	#2
Bruce Hopf Veteran Heritage Status Join Date: Dec 2008 Location: North of Sebringville, Ontario, Canada Posts: 1,176	Re: Always consider the tree's options or pay the price By the Looks of things, someone has to get Killed by the Tree, or Trees like this one, before something gets done about it. Just like the Previous Wild Fire, that you had earlier, where the Council ignored Warnings from the People, that where concerned about the Threat that Posed by the Underbrush. How many Homes, and Lives where lost because of it? If action would have taken place, that Disaster could have been Averted. Just my Two Pennies worth. Bruce. __________________ McCulloch chain saws 1- Pro Mac 60, 1- Pro Mac 700, 2- Mac 10-10 Automatic's, 2- Mini Mac 30's, 2- Mac 110's, 2- Mini Mac 35's, 1- Mac 140 with Automatic Chain Sharpener, 1- Pro Mac 10-10, 1- Mac Cat, 2- Eager Beaver 2.0's, 1- Mac 1-10 Stihl chain saws 2- 044's, 2- 034's, 2- 024's, 1- 064, 1- 084, Strunk chain saws 1- Busy Beaver, 1- SpeeDemon Special Stand Back, I Have A Very Extreme Case of CAD (Chain Saw Addiction Disorder).

8th June 2009, 03:55 PM	#3
Garry Brockley Bayside Tree Care Brisbane Join Date: Jun 2008 Location: Brisbane Aus Posts: 1,649	Re: Always consider the tree's options or pay the price I think world wide there is a lack of understanding about what true Arboriculturists do and the technical advice they can give, even councils seem oblivious to these and as usual their advice is either wrong or vague, in some ways i feel sorry for this man, but if he had taken the time to get a tree report and the correct advice given, without the knee jerk reaction, this maybe could have all been sorted quickly cheeply and amicably. just my pennies worth __________________ My business:- Brisbane Bayside Tree Care

8th June 2009, 05:02 PM	#4
Eric Frei Admin - Razor sharp and independent 2 X Diploma Level 5 qualified arborist Join Date: Jan 2007 Location: Brisbane Posts: 12,820	Re: Always consider the tree's options or pay the price Exactly, sorry to say Bruce but you missed the point. It's about hazard mitigation and removing the tree being the final option, however as shown the tree is healthy and can be pruned sufficiently to mitigate the risk. Here's a picture I took ages ago in Nerang on the Gold Coast where I spotted a euc with a fall arrest system on some limbs, underneath was a skate thing for kids. Attached Thumbnails __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

9th June 2009, 03:44 AM	#6
Bob Tooley Semi-mature vigorous tree Join Date: May 2009 Location: Scarborough, Maine USA Posts: 128	Re: Always consider the tree's options or pay the price The philosophy of tree 'care' follows the medical professions policies where a doctor has repeat patients..repeatedly...and the undertaker has one..once. Residential large tree care is difficult because the tree on one property is maintained by the resources everywhere 'except' on that property..To feed one person's tree you have to work in six or seven neighboring yards and pray the neighbors cooperate.. This promotes the in-trunk fertilizer injection principles, but the public's general 'tree care' practice isn't continual maintenance, but rather crisis management, and by the time we get handed the tree it's already 'over-the-hill'. I think the best tree company promotion efforts would be to show the cost comparisons between basic ongoing trouble shooting and adjustments, and the flip side of the coin.. Annual or bi-annual care -vs- post-care, and generally the ensuing.. removal. In some areas, trees have a tremendous real estate value and that figure should be included into the 'expense-loss' estimates regarding what a tree removal "really does cost". Show them you are protecting their tree...and...their property valuation...hit them where it hurts...right in the investment pocketbook.

29th July 2009, 08:22 PM	#7
MrDiesel Semi-mature vigorous tree Join Date: Oct 2008 Location: here Posts: 196	Re: Always consider the tree's options or pay the price In the Baulkham Hills area council is putting in quite a few Euc. scoparia and nicholli. I am fairly limited in what i know but there seems to be a growing reputation that these guys start dropping branches when they get around the 30 year old mark. I reckon it would be great to see councils involving arboists at the planning stage for public areas to look at longer lasting trees rather than quick growing trees. I have seen the council putting in root bound trees which dont look like they will see 5 years. Got that off my chest. Ill be quiet now

3rd February 2010, 12:04 PM	#8
Sunraysia Tree Solutions Semi-mature vigorous tree Join Date: Aug 2007 Location: Mildura Posts: 111	Re: Always consider the tree's options or pay the price What rope material did they use as the fall arrestor at the skate park ? Was it Cobra rope ? What would the breaking strain be and how often would it need to be checked ?

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