Tree to be removed from Elizabeth Park after damaging house

The decision comes years after councillors were advised of problems after the construction of the house in 2012.

The construction of the house resulted in the building being located directly under the canopy of a pin oak tree growing in Elizabeth Park.

Following completion of the house, the property owner contacted Bathurst Regional Council several times to advise of concerns with the proximity of the tree to the residential building, the potential for the tree to cause significant damage to the building if branches failed and alleged that tree roots were causing significant damage to the foundations of the new building.

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Council resolved not to remove the tree at a meeting in April, 2013.

Council officers had been reluctant to remove it because of its dominance within the existing environment, its considerable age and no substantiated evidence of any impact to surrounding infrastructure, including the house.

At the time, the tree was assessed to be in a stable health condition, but following an incident earlier this year when a branch fell on the house, a further assessment of the tree identified significant decline in its general health.

In a report to council's August ordinary meeting, council staff recommended the pin oak be removed.

"Due to the deterioration that has now been observed within the main branches of the tree, it is believed that council cannot guarantee that a failure of a main branch will not occur at any stage in the future," it read.

"In recognition of the size of this tree, its position close to the building and its noticed decline, it is considered that the owner's concerns regarding to the risk of property damage and personal safety cannot now be overlooked."

Councillors resolved in favour of the recommendations, but some made it clear this situation could have been avoided.

Deputy mayor Monica Morse said the situation was a "great shame".

"I can remember the debate on this and the debate at the time was that that house shouldn't have been built there. It was was built far too close to the fence and far too close to the tree and at the time the council for some reason or other let it go ahead," she said.

"It should have never gone ahead; we knew the tree would be damaged. The tree was a public tree and to give in to a person who built the house too close to the fence and too close to the tree was a great shame and it's resulted in what we imagined would happen now.

"It's exactly what was foretold, so it's a great shame and I think it's a great pity that that tree is going to have to be removed and it could have been avoided."

Councillor Jacqui Rudge asked if council would be liable for the damage, referred to as "minor damage to the gutters", caused to the house by the tree.

In response, director of Engineering Services, Darren Sturgiss, said council "may be liable" and "that's certainly the major reasons for the recommendation for removal".

After the pin oak is removed, it will be replaced by suitable tree, to be planted in a location in Elizabeth Park that won't impact upon the adjacent residential property.

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