About 25 years ago when the trees were planed I was told they were bushes. Now they are 8m tall and dropping leaves and yellow flowers all over my property. My house inside and outside, cars clothing on the line all are covered in that rubbish. For many years I have been asking Council to prune them to be equal with Council Wall but Council refused as that would cause roots problem. I sent my bill for cleaning gutters but Council refused to pay. Council should be responsible for causing this huge problem. What can be done to make Council accountable for this huge mess ?
TBH 8 m isn't all that tall, but we hear your frustration. If you don't have it in writting that these were shrubs you won't have a case against council, we all know they have all the rights and no accountability Look up the local council guidelines regarding trimming neighbor's tree's Likely you will find that any lot/property owner can trim their neighbors tree at the boundary There are conditions, you will have to do this at your own cost, remove any trimmings and not trim more than 20% in 12 months I've done this previously, taking a little bit here and a bit there (so it can all go in the green bin) each time, before long there's a big difference
Write to the local member of Parliament and provide a copy of the original letter Council sent advising that they were shrubs and hard done by you are having to pick up individual flowers which drop from this ornamental shrub. PS: the statute of limitations is only 7 years, time for discovery has long past. I'm not sure if the Council has a policy on trimming trees but @datto can confirm what they say about cutting the neighbour's grass.
Its a crime to kills trees. Glysulphate leaves telltale evidence of use and councils can then plant a row of trees or even a billboard if they think a offence was encouraged by views. UP TO 10% (varies slightly with different councils) of branches may be trimmed uniformly without approval but only on your own land and some species cant be pruned or must be done so is special ways. Usually wise to seek council arborist guidance before falling foul of the laws. eg Limb diameters, proximity to property (home not fences) and other issues can affect all this. Even changing soil levels and excavation near a tree can be a offence. Some trees are exempt and CAN be fully cut down eg fruit trees. But not all fruit trees are eligible. The tree must have been "grown for its fruit". eg a lemon tree in the yard. Not a mature fig. I had a problem tree. Called the council arborist who said he would drop by. 15mins later he arrived and in 2 second it was committed to death. The tree was within XX distance of a building wall. Didnt need an application and he didnt need to issue a permit. "Take a picture of it near the wall and keep it" was his advice. He also said if it was located elsewhere it would also be approved as it was a specicies that is a known problem. He said loads of time a neighbour complains and it then comes to him to check so if I have a picture it will be certain evidence.
Trees Act means council and state governmnet has power to ignore any request or claim. They are exempted. Its tough luck. The time to lodge a claim under the trees act is within 6 years (not 7) of planting.
But only a real ‘scum bag’ would do that. And councils are pretty good at spotting it. And since it’s a council tree…
