A North Gosford resident has been trying for more than two years to have Central Coast Council remove a tree from a reserve adjacent to his home, claiming the tree’s root system is playing havoc with his walls and fences, as well as a public footpath.
Council has approved pruning of the tree with no timeline available for the work, but Adam Clymo says pruning won’t address the root system, which is the cause of the problem.
The saga began in 2019, when Clymo wrote to Council saying roots from the tree were causing damage to his newly-acquired terrace home, providing photos as evidence and asking for action.
Council’s response said the gum tree in question had been assessed by Council’s Public Tree Assessment Officer on October 29, 2019, and had been found to be “in a satisfactory condition”, with no work planned.
“Trees provide a valuable service in enhancing our local landscape, and Council is mindful that retention of suitable trees is a priority for our community” the response said.
“Council also acknowledges that at times, trees can present risks that need to be managed appropriately.
“Council must continue to prioritise works within allocated resources to ensure that works are undertaken firstly on those trees that present the greatest risk and where possible retain the public amenity that trees provide.”
Clymo fired off a response of his own, saying the tree was causing damage not just to his property, but to the fences and walls of two neighbours.
“The tree root system has caused structural damage to our properties, not to mention clogging up drainpipes and gutters as well with large amounts of leaves and branches dropped onto our roofs every day,” he said at the time.
“I can appreciate we keep trees to ‘enhance the local landscape’ but at what cost?
“Surely personal property takes priority unless of course the Council would like to pay for repairs to our fences, walls and guttering on an annual basis, (to keep one) tree intact when there is an entire reserve full of thousands of trees literally across the road.”
Clymo said he had received advice from a property lawyer that a tree is the responsibility of the landowner, who may be liable for any damage caused by it.
“If a tree is growing on a public footpath or highway the local council is responsible for any damage caused by the tree or its roots,” the lawyer said.
Despite offering to engage his own arborist to examine the tree Clymo’s response was met with a deafening silence which lasted two years.
Last November, he decided to lodge another complaint.
“The tree on Etna St behind my property is damaging my back wall and rendering my fire escape un-useable; we are looking to have the tree to be removed completely and for Council to cover the costs of damages to my property due to the trees root system,” he wrote in his complaint.
Council’s response, received in December, said the tree had been inspected by a qualified consulting arborist and found to require pruning works, with no time frame able to be provided due to priorities and weather conditions.
“Our Tree Risk Management Team assesses over 5,000 individual trees per year across the Central Coast ensuring that our natural environment is safe for the public,” the response said.
But Clymo said the problem remains – pruning will not address the underlying problems caused by the root system.
He is determined to pursue compensation from Council for damage caused to his property.
Terry Collins