How do I deal with neighbour about removing tree

Hi

I have a property with an oak tree growing directly on the boundary line of my and my neighbours property (probably 70% of trunk is on my fence line.

I want to seek a council permit to remove the tree and my belief is that I would need my neighbours consent prior to submitting the request to council......

I fear the neighbour may be non agreeable to this now....

A few months back i spoke with the wife, she said sure go ahead get the arborist report and will see from there.
The arborist report is in favour of the tree being removed, I have had trouble getting in touch or getting a reply from the neighbour since providing them with the report.

I'm wondering how I best step forward to ensuring their consent.
I would be prepared to fund the replacement of a few trees for them, beside the future potential development opportunties it would provide them or future purchaser of their property raising their property value if the tree is gone.....

Any other idea's I can pursue to best move forward on this....

 

Are they elderly or otherwise infirm? They may be overwhelmed by the report and embarrassed and unsure how to proceed. I say this because some years ago my parents got a letter from next door saying the fence needs replacing , you need to pay for it!IIIII
Yada Yada
My point being, go next door, ask could you chat, bring a cake and just be honest.

 

Is there any form of tree protection? vegetation protection overlay?
Are you just assuming you need Council approval?
Last thing you need is to get a permit from the Council
Then follow the advice from moridog - seems pretty solid

 

In Melbourne, you will need Council approval if the tree is over a certain size.

A tree can be an advantage to a property development - good design can make it a feature. Not to mention the passive cooling opportunities ( i.e. shading).

 

There is an slo4 overlay, so I definitely need a permit to remove.
The report details previous branches limbs that have broken off, some dead protruding limbs, past mature age..... that removal would b recommended.
So i guess council still have the power to overule the arborist and say no. Which i guess would leave me with having to pursue thru vcat....
I just hope in the 1st instance my neighbour is onside or can be swayed.... if i can get hold of them.
The tree tpz, trz, would restrict the site to a 3 unit instead of a 4 unit development. Hence tree staying would b a big financial miss

 

A) plz wright in inglish - oui can't dicipher yr shthnd
B) What type of oak tree? native eg silky or European oak - neither are prone to dropping limbs though they may drop small branches
C) financial impact on your project isn't council's concern

 

can also be a disadvantage if you plan to develop

 

Are you asking your neighbour to contribute to the cost?
This may be the sticking point.

If not, have you made that clear?
Marg

 

Some people like trees and the shade, they can be a pest around IP's but nice to occupants or home owners.

In Sydney you would not get removal approved in most councils due to possible hypothetical development issues, would have to be dangerous, you should be able to remove dead wood though.

 

I said I'd pay for the arborist report, and if they don't want to pay any costs for the removal of the tree, then I will pay.
Perhaps I will make that clear to them that I will pay for removal if they are more receptive to me

 

maybe say you will pay for it. Don't ask them what they think. They may be proud people, wnating to contribute and may not have funds. Just take the initiative with them - after all it is to your benetit.
Just make an applicaiton to the Council... that will trigger discussions anyway. And let the neighbours know you will be paying.
Also note tree removal in the Significant landscape Overlay - permit not required for removal of :

• A tree which is dead or dying or has become dangerous as declared by a suitably qualified person.
•  A tree within 3 metres of an existing dwelling
  
  The first dot point means that you could aks for a declaration/certification that a permit is not required if your arborist's repost is solid!

 

First cab off the rank would be ring up your insurance company and ask to speak someone within the legal part of the company may take talking to several people until you find the right person and ask what happens if this tree comes down,and who pays..
Btw i have been going through tree problems for a long time ..one rental we have when this time of year when the Jackaranda's flower they jam up the pool filtre pumps next door,then i get legal letters wanting me to cut the trees back,problems is the prior title holders liked the trees that covered the pool section in,and once they want to go down the legal road ...

 

Sign a treety?