Hornsby Council Refuses Tree Removal Request

Ekka · 19th June 2008, 02:52 AM

Worth watching this case if you can. I always have questioned the rationale behind these rules, 3m or closer to buildings or fences means do what you like but this one is 3.5m away.

The Hornsby Advocate | Hornsby Local News

Quote:

Tree law a tall order

Danielle Long

18Jun08

A BEROWRA family's bid to remove a massive blue gum about 3.5m from their house has prompted a review of Hornsby Council's tree preservation laws.

Under council regulations residents can remove a tree within 3m of their house without permission.

However if the tree is more than 3m away from the residence a council application must be lodged.

Renai Larkin's application to remove the 28m-high tree from the front yard of her Berowra home in Lonsdale Ave went before the council last week. The blue gum is 3.5m from her house.

The mother of two boys, Harrison, 4, and Hugh, 16 months, told the council her children could not play in the front yard because of regular falling branches.

"Our youngest son has epilepsy," Mrs Larkin said. "With his current medical condition and even without a neurological condition we cannot afford a branch to strike his head.

"We can't allow either of our sons to play in the front yard as we don't trust the tree.

"Even our immediate neighbours have complained about branches dropping from the tree.

"It's an adolescent tree and it still has a lot of time to grow."

Council staff had recommended Mrs Larkin's application be refused because the tree was assessed as "stable, healthy and of good form and vigour, making a significant contribution to the streetscape".

But councillors unanimously voted to defer the application to allow Mrs Larkin to obtain an arborist's report.

They also asked for a memo to be prepared by the council's environment division explaining the rationale behind the regulation's 3m exemption limit.

Cr Nan Horne said the 3m rule should be redressed.

"Just because a tree is 3m from a home it doesn't mean that its branches or its roots are," she said.

STORIES IN THIS SECTION:

Sean Freeman · 19th June 2008, 03:09 AM

Yep thats trees for you just waiting for the chance...then bam!....the media always willing to present a balanced informed perspective

Ekka · 7th July 2008, 09:52 PM

I think when you look at Dr K Coder's chart of CRZ you'll see that the 3m rule accomodates trees up to trunk diameters of 1m.

So likely an assumption is that trees within 3m of buildings etc may ....

1/ Suffer root issues destabilizing them.
2/ Encroach upon neighbours land for CRZ and TPZ when near a fenceline.

Seems a rational argument however each tree should still be assessed on it's own merits, for example, a 0.3m DBH tree only has a 2.2m CRZ and can be closer etc.

wattie · 7th July 2008, 11:07 PM

I read with interest the post re the gum tree, firstly I was shock to think that a tree with what looked to be quite a small stem would be that tall.

Interesting how your tpo system differs from ours, if a tree is covered by a tpo here then it does not matter where it is standing, could be 1mt away and an application would have to be made the only works which can be carried out without consent would be , dead and dying branches or if it was considered dangerous but that a bit of a gray area or if was completely dead.

However we as a company would still inform the local council and give them five days notice of inpending works, which i think would give them time to have a quick look and also amend they records.

We also have conservation areas which all trees are covered in an area if they have a trunk/stem above 150mm at 1.5mts above ground level. For this we would need to apply and the council then they have eight weeks to desided if we can carry out the works / or if they would like us to change the works or refuse the works, however the only way they can stop you doing the works is to then put a tpo on the tree.

When we apply we have to have good reason, site plans and photos.

So hope that gives ypu some idea how much our goverment / councils love a bit of paperwork!!!!!!!!!!!!

Regards to all.

Wattie

Done it · 8th July 2008, 02:31 AM

They can get tall in gulleys around here. I cleaned up a fallen Blackbutt once, not much thicker than that, [it was growing on a creek bank and went over in a big storm] it was 150'/45m ground level to top.

Most councils around here have a similar rule to yours, the area I do most work is: within 5 meters it has to be less than 500mm @ 1m or you need to apply.

I'm not sure about Hornsby, I don't do much over there now but they have a good tree policy. No spikes except for total removal, is one.

Going by the bricks in that pic that tree was there long before the house, so I'd say they couldn't cut it down when building, so are now trying again.

It never ceaces to amaze me why people want to live in areas like that if they don't want trees, that little suburb, it's Berowra Heights is totally surrounded by National Parks.

gavin160 · 9th July 2008, 12:40 PM

Quote:

Originally Posted by wattie

I read with interest the post re the gum tree, firstly I was shock to think that a tree with what looked to be quite a small stem would be that tall.

Interesting how your tpo system differs from ours, if a tree is covered by a tpo here then it does not matter where it is standing, could be 1mt away and an application would have to be made the only works which can be carried out without consent would be , dead and dying branches or if it was considered dangerous but that a bit of a gray area or if was completely dead.

However we as a company would still inform the local council and give them five days notice of inpending works, which i think would give them time to have a quick look and also amend they records.

We also have conservation areas which all trees are covered in an area if they have a trunk/stem above 150mm at 1.5mts above ground level. For this we would need to apply and the council then they have eight weeks to desided if we can carry out the works / or if they would like us to change the works or refuse the works, however the only way they can stop you doing the works is to then put a tpo on the tree.

When we apply we have to have good reason, site plans and photos.

So hope that gives ypu some idea how much our goverment / councils love a bit of paperwork!!!!!!!!!!!!

Regards to all.

Wattie

hi wattie
Gavin west sussex
hows work?
are you the boss or a grafter?

19th June 2008, 03:09 AM	#2 (permalink)
Sean Freeman PDF King & Arborist Extrodinaire Join Date: Feb 2007 Location: Townsville Nth Queensland & Gold Coast Sth Queensland Posts: 1,788	Re: Hornsby Council Refuses Tree Removal Request Yep thats trees for you just waiting for the chance...then bam!....the media always willing to present a balanced informed perspective __________________ Sean Trees are poems that earth writes upon the sky, We fell them down and turn them into paper, That we may record our emptiness. - Kahlil Gibran

7th July 2008, 09:52 PM	#3 (permalink)
Ekka Admin - Dip Arb & Hort Join Date: Jan 2007 Location: Brisbane Posts: 7,971	Re: Hornsby Council Refuses Tree Removal Request I think when you look at Dr K Coder's chart of CRZ you'll see that the 3m rule accomodates trees up to trunk diameters of 1m. So likely an assumption is that trees within 3m of buildings etc may .... 1/ Suffer root issues destabilizing them. 2/ Encroach upon neighbours land for CRZ and TPZ when near a fenceline. Seems a rational argument however each tree should still be assessed on it's own merits, for example, a 0.3m DBH tree only has a 2.2m CRZ and can be closer etc. __________________ Remember to use the "search" function, if you have answers/questions post them so everyone can benefit. Free Tree and Green Industry Link Directory Qualified Brisbane Tree Lopping \| Stump Grinding and Stump Removal Brisbane Brisbane Tree Care, Consultations, Developer, Tree and Arborist Reports Forum Sponsors

7th July 2008, 11:07 PM	#4 (permalink)
wattie I'm new here so be nice Join Date: Jun 2008 Location: Kent, South East England UK Posts: 3	Re: Hornsby Council Refuses Tree Removal Request I read with interest the post re the gum tree, firstly I was shock to think that a tree with what looked to be quite a small stem would be that tall. Interesting how your tpo system differs from ours, if a tree is covered by a tpo here then it does not matter where it is standing, could be 1mt away and an application would have to be made the only works which can be carried out without consent would be , dead and dying branches or if it was considered dangerous but that a bit of a gray area or if was completely dead. However we as a company would still inform the local council and give them five days notice of inpending works, which i think would give them time to have a quick look and also amend they records. We also have conservation areas which all trees are covered in an area if they have a trunk/stem above 150mm at 1.5mts above ground level. For this we would need to apply and the council then they have eight weeks to desided if we can carry out the works / or if they would like us to change the works or refuse the works, however the only way they can stop you doing the works is to then put a tpo on the tree. When we apply we have to have good reason, site plans and photos. So hope that gives ypu some idea how much our goverment / councils love a bit of paperwork!!!!!!!!!!!! Regards to all. Wattie

8th July 2008, 02:31 AM	#5 (permalink)
Done it Mature tree Join Date: Nov 2007 Location: Parramatta. nsw. Australia. Posts: 350	Re: Hornsby Council Refuses Tree Removal Request They can get tall in gulleys around here. I cleaned up a fallen Blackbutt once, not much thicker than that, [it was growing on a creek bank and went over in a big storm] it was 150'/45m ground level to top. Most councils around here have a similar rule to yours, the area I do most work is: within 5 meters it has to be less than 500mm @ 1m or you need to apply. I'm not sure about Hornsby, I don't do much over there now but they have a good tree policy. No spikes except for total removal, is one. Going by the bricks in that pic that tree was there long before the house, so I'd say they couldn't cut it down when building, so are now trying again. It never ceaces to amaze me why people want to live in areas like that if they don't want trees, that little suburb, it's Berowra Heights is totally surrounded by National Parks.

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