removal of tree thats on boundary

hey all

Just wanted to see if anyone had any experience of dealing with council when they wanted to remove tree that is at the front of the property, however the tree was planted on the boundary between our property an council land.

On that boundary we want to put front fence. When i spoke to council they said they will not remove the tree for us to do the fence and person i spoke to was very standoffish, giving one word answers. The last thing he said was put in a tree DA form.

I'm about to do that, but before i do it just wanted to see if anyone was in a similar situation and how they handled it. This is in Manly NSW council. The worst council to deal with (according to my neighbor, he wants the tree gone too). The tree is 6.5m in height and it is hibiscus. It was a bizarre place to plant a tree. When the council guys asked me if is public tree or on my property, i told him half of it was on my property and half on council (the trunk of the tree). He was annoyed when i said that.

Main reason for the fence is that my son started walking and dont want him running out on road. Probably wont happen as there is always a set of eyes on him, but don't want to take chances...

 

One more thing to add - They say on the DA that we need arborist report if we want to remove a tree.
Anyone know arborist they can recommend in Manly council?

 

heheh no need to angle the photos, it is defenitivley on the boundary. I do want to cover my backside, which is why i called them to see what needs to be done. I have a really nice arborist Level5 coming around to see exactly what needs to be done, free of charge. He was ****** off at how council was treating this and that it seems they are trying to pawn it off so they dont have to cut it. I will find out on Wednesday. will let you know how it goes.

 

The arborist is a professional - and most know the rules as to what they are legally allowed to cut and how to go about it.

Follow their advice - they do have PI cover for a reason

Sometimes you just have to cough out more to get what you want in the end.

 

I see plenty of places where fences, indeed, houses, have had to go around trees.

Whether it is wholly on your land make no difference at all.

I just remember a neighbor now who had a concrete balcony wrap around a tree that was not very old, they will have fun when it grows (at least it cant fall on the house...lol )

 

Do what everyone else does - build a fence around it.

The arborist will confirm the health of the tree.

 

Do you mean between your property and the nature strip?

 

I will wait and see what he suggests. The other problem with the tree is that roots are hitting gas pipe, so that might work into our favor...it didnt cause any damage yet, but i think if its left to do its thing over time it might make impact on it... I'll see what arborist suggests. I would rather not build the fence 1m into my property from the boundary, when every single neighbor is on the boundary. Not a single neighbor has a tree that is like this.

I have seen houses and decks built around a tree, but not fences.....

 

Just do what you are.entitled to.
Trim 10% each year
And install a barrier on your property to prevent root invasion.
Should you find roots on your property, you may have the option to apply Roundup to prevent building damage (ensure this is applied via drilling and insertion.
Problem solved.
Seriously, counc dont want to admit liability or responsability (due to costs)

 

Fence has been cut around the tree (red circles).

 

Seen piles of fences in the city that go around trees, not un common, as wylie says, go in and past then back out, looks fine.......

In the country, often the tree become part of the fence as per SNM image....

PS if they make you build around tress there, can't see them giving the tree the chop.

 

Update : arborist came around and said that the tree is actually "Pittosporum" and not hibiscus like i thought. Hibiscus was intertwined with Pittosporum.

He said that they can be cut down . No need for DA as it is exempt up to 8 meters. Although i will have to pay for the removal, which I'm fine with.

Thanks everyone for your assistance

 

Well there you go, a straight fence after all

 

an amateur question, who is responsible in maintaining the tree (trimming, shortening, making sure it does not disturb the electrical pole wire, etc) if it is on the boundary/front of the property?

 

The electrical authority can but whatever they need to so as to not allow growth to endanger power lines, wont matter where that tree is.......but I am not sure if they could force you to foot bill if your tree.

 

As per @dabbler commets
The supply authority will usually drop a notice in the mail box if they req access
Apparently they do have the right to come on to your property (NSW) to trim not only the main lines, but also the line to the building if they deem necessary.
They even overrule council on tree preservation.

 

So does it mean I don’t need to worry about the tree, leave it as it is?

Do I still need to notify them as in, hey my tree has grown really tall now and you guys should check it out? Thx

 

No, you don't need to do anything.

In Melbourne, Councils need to keep their trees sufficiently away from power lines so they have pruning schedules for this. If the tree in front of your property needs pruning to be compliant, they will do it.