Man escapes $27,000 illegal pruning claim

Jeff Darby · 7th November 2011, 07:52 PM

Indeed this man was lucky to only receive a slap on the hand for topping this tree, this is not pollarding it is pure lopping. If this resident had issues with this tree he needed to gather his evidence and engage a consulting arborist and then present a properly presented tree report to council, when mature trees on the verge start dropping large limbs managment options need to be considered, and if necessary removal of the tree. Illegally taking it upon yourself to fix the problem will always lead to legal problems....

Here is the story...

Quote:

A MAN who “decimated” a Marri tree on the verge of a Dawesville street was fined $750, but the penalty could have been much higher because Mandurah City Council wanted $27,095 to replace the tree.

David Andrew Jones, of Belgrave Street, Maylands, gave an endorsed guilty plea to interfering with local government property without lawful authority when the case was heard in Mandurah Magistrates Court last week .

City of Mandurah ranger services co-ordinator Ray Errington said Jones had complained to council about a mature Marri tree on a Canopus Court Street.

The tree was on the verge, adjacent with the driveway. Mr Errington said a council inspection last year found the tree to be in “good nick”.

Jones organised a cherry picker in April and the canopy of the tree was removed.

Mr Errington asked for $27,095 to replace the tree. When questioned by Magistrate Terence McIntyre about the cost, Mr Errington said the valuation was based on factors such as size, location and species.

But Mr McIntyre said $27,000 was a very substantial sum and he was not convinced it was acceptable. Instead Mr McIntyre only allowed $450 to cover council’s legal costs.

Jones told the Mandurah Coastal Times issues with council and the tree had been going on for five years.

“It was impeding on my property and cars had been damaged from dead limbs falling off,” he said.

“I trimmed the tree for safety reasons because council did nothing.”

Council chief executive Mark Newman said the Marri tree had been identified as valuable and significant when the land was subdivided.

“The developer went to some effort to retain it because of its special, unique qualities,” he said.

“In asking for the $27,029, officers sought to bring to the magistrate’s attention the ‘real’ value of the tree, according to an accepted formula. It should be borne in mind that this tree will now likely die as a result of the illegal pruning.”

Quote:

What everyone else is thinking

Quote:

Peter Melrosa
26/10/2011
That is not lopping or pruning it is POLLARDING and it will weaken a tree considerably. New epicormic shoots (if any) will also be weak and will break more frequently. This is also a very ugly way to 'prune' a tree. This person should be deeply ashamed of what they have done for their own selfish gain.

Alex Jones
20/10/2011
Marri trees are an important source of food for the endangered Carnaby's Cockatoos. Verge trees are also public assets with dollar values to leafy suburbs. This vandalism highlights the urgent need for statewide tree protection laws. It should not be up to individual councils to deal with these matters.

The magistrates should know that we have both federal and state environmental protection Acts and that such destruction causes "environmental harm". It is time that stiff penalties were applied to those who cause "material" and "serious" environmental harm.
Thousands of magnificent trees have been destroyed through utter stupidity by private individuals, developers and governments.

Trees must be protected by law. Our health depends on the health of the environment. I urge Mandurah Council to appeal this decision because the science about Tree Benefits is fundamental and there would be arboricultural consultants willing to provide this evidence.

naia
20/10/2011
If you don't like big verge trees, buy a house somewhere without any; too easy - most of Perth! $27K would barely go half way to "replacement"

Eddie
19/10/2011
My understanding is that any tree on the verge is the council responsibility.

Once the council was informed of the issue with the the tree was shedding branches and damaging cars the council would therefore should be legally required to pay for the repair of the damaged cars.

One does wonder what would have happened had one of the branches of this tree had fallen onto a child and killed them.

There appears to be no universal answer when verge trees cause issue much like the tree that was in the news recently the council removed it when the people who lived at an address did not want it removed.

carol seidel
19/10/2011
what has happened here is a land owner who seems to have issues with a ferge tree and has got away with butchering a tree that belongs to the community, it looks like magistrate needs to look how there is now o value put on the tree, which would be its replacement, Mr Jones should have relocated else where, both the developer and the local council considered the tree significant, one canly think that this man should have paid a dearer price for his act of vandalisum in the City of Mandurah, a graffittist would go to jail if caught doing graffitti on the tree. how crazy is this man's fine $750.
hope teh council appeals the decission which will send a strong message to any one attacking any verge tree there will be a high price to pay and jail could be an option as they have in the ACT under the tree protection act.

Lesson learnt?
19/10/2011
It may seem harsh, buy as stated the tree will now likely die. When are our courts actually going to stand up to these cowboys that have no respect for our environment or someone elses property (as verge trees are). If Mr Jones' claim that damage had occurred due to falling limbs was true, then he would have been able to produce evidence of this in court. Did he??? Doesn't seem so by the sounds of it.
Come on - take action against these people - make an example of one of them. Only then may there be some deterrent against these actions. I bet Mr Jones is sitting back laughing his head off...

naia
19/10/2011
By lopping this tree for "safety" reasons this man has been grossly negligent. He has in fact transformed what was once a healthy tree into one that will require ongoing maintenance to prevent it becoming hazardous if it survives. He should be made financially responsible for all future maintenance or replacement of the tree and liability for any damage it may cause.
Verge trees are NOT the property of residents, they are an asset owned by the whole community and this one has not only been destroyed but will now be a potential liability. Residents should be made aware that lopping trees in this way is not correct pruning practise regardless of who owns the tree.
The fine in this case is pathetic and goes little way towards compensating for the damage done. The magistrate has shown discrimination in not supporting the officer's request - if the "property" was a car (for example) no one would argue about the valuation!

Here is the link for further reading...Man escapes $27,000 illegal pruning claim - inMyCommunity - Perth, Western Australia Have you say...

George Valentine · 8th November 2011, 02:16 PM

Well, reading the whole thing, I couldn't find any reference that in the 5 years the issue was going on between the 2 parties, that the council did do any trimming of any problems branches and try to keep everyone happy, voiding the inevitable, hate and hostilities, always resulting from these sort of issues.

Having an arborist's report, saying that the tree is in good nick, should not be enough when they (council knew) that by ignoring and bogging this fellow down for years, would only result in some violent reaction, the one way or the other, by this person.

Now, do I think that he done the right think, no I do not, do I think that the council have created the situation in the first place, absolutely...!

Looking a little deeper at these sort of problems, and with my life experience with people that have genuine reasons to have their claims heard and acted upon by Councils, is not hard to understand why people are pushed to such extreme acts. There has to be a middle term/balance somewhere that, Councils in general do not base their opinions/decisions upon.

There are exception to any rule always but, why is that, that more and more people are forced to get to this point, where is no really winners in the end. Is like Councils attitude and policies in relation to there claims/issues, are deliberately trying peoples patience and common sense, as if is was a big game to them.

Now, make no mistake, do I have a big problem with people that damage (any sort) trees for no reason...??? I sure do...! do I believe 90% of these issues would never come to this point if Councils change the way they treat those with these sort of issues...??? absolutely, beyond any doubt...!

The Magistrates Court have made the decision on this issue and the only think that I would like him to be imposed to do would be to get a pick and shovel and get a couple of hundred trees planted at the Council discretion...!

Cheers
George

Eric Frei · 12th November 2011, 06:53 AM

He got off real light, that's peanuts of a fine. And he went to a lot of trouble to get a cherry picker and do that.

Only yesterday I was asked to remove footpath trees a HO planted, only large grevilleas but he wants them out, says he planted them 12 years ago and has had a gut-full of them.

I refused, council owns the tree regardless of who planted it. These sorts of squabbles go on all the time. What about the squabble over that tree that destroyed a mans driveway?

Brisbane City Council's $6K RIP OFF!

8th November 2011, 02:16 PM	#2
George Valentine Former Member Join Date: Jul 2011 Location: Australia - SA Adelaide Hills Posts: 185	Re: Man escapes $27,000 illegal pruning claim Well, reading the whole thing, I couldn't find any reference that in the 5 years the issue was going on between the 2 parties, that the council did do any trimming of any problems branches and try to keep everyone happy, voiding the inevitable, hate and hostilities, always resulting from these sort of issues. Having an arborist's report, saying that the tree is in good nick, should not be enough when they (council knew) that by ignoring and bogging this fellow down for years, would only result in some violent reaction, the one way or the other, by this person. Now, do I think that he done the right think, no I do not, do I think that the council have created the situation in the first place, absolutely...! Looking a little deeper at these sort of problems, and with my life experience with people that have genuine reasons to have their claims heard and acted upon by Councils, is not hard to understand why people are pushed to such extreme acts. There has to be a middle term/balance somewhere that, Councils in general do not base their opinions/decisions upon. There are exception to any rule always but, why is that, that more and more people are forced to get to this point, where is no really winners in the end. Is like Councils attitude and policies in relation to there claims/issues, are deliberately trying peoples patience and common sense, as if is was a big game to them. Now, make no mistake, do I have a big problem with people that damage (any sort) trees for no reason...??? I sure do...! do I believe 90% of these issues would never come to this point if Councils change the way they treat those with these sort of issues...??? absolutely, beyond any doubt...! The Magistrates Court have made the decision on this issue and the only think that I would like him to be imposed to do would be to get a pick and shovel and get a couple of hundred trees planted at the Council discretion...! Cheers George Last edited by George Valentine; 8th November 2011 at 02:24 PM. Reason: Add text

12th November 2011, 06:53 AM	#3
Eric Frei Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane Posts: 12,994	Re: Man escapes $27,000 illegal pruning claim He got off real light, that's peanuts of a fine. And he went to a lot of trouble to get a cherry picker and do that. Only yesterday I was asked to remove footpath trees a HO planted, only large grevilleas but he wants them out, says he planted them 12 years ago and has had a gut-full of them. I refused, council owns the tree regardless of who planted it. These sorts of squabbles go on all the time. What about the squabble over that tree that destroyed a mans driveway? Brisbane City Council's $6K RIP OFF! __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Palm and Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

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