Hunter's Hill Council loses fight to keep a noxious weed
Local Councils are strange beasts. But none are stranger than the Hunter's Hill Council which administers a leafy garden suburb overlooking Sydney Harbour.
When Dr Donnelly asked the Council to remove an old camphor laurel street tree growing outside his home because the large tree roots were bowing and lifting his front fence (see images), initially the Council agreed. But after the Council received 21 requests from the neighbours for the tree to remain, it changed its mind. The tree was not to be removed.
Dr Donnelly, despairing at the damage to the heritage fence he had spent $100,000 to build, took the Council to Court.
After 5 hearing days and what I would estimate $120,000 in legal fees, Dr Donnelly won his case. The Court found that the Council had committed the tort of private nuisance by allowing the tree roots to bow and uplift the front fence, crack the front path and displace the gate pier. The Court made these orders:
- Compensation for repairing the fence, gate and path - $28,765.33
- Compensation for interference with loss and enjoyment of the land $5,000
- Removal of the tree, at Council's cost, within 4 months
- Council to pay Dr Donnelly's legal fees
The Court was dismissive of the Council's opposition to the removal of the tree "it does seem to place the tree and its roots above the owner’s private rights to seek to avoid further unreasonable physical damage to his property".
But stranger still, camphor laurel trees have been declared to be a noxious weed under the Noxious Weeds Act 1993 (NSW) which means that the State Government wants them to be removed. It's taking a long time for this message to reach the Hunter's Hill Council!
For more, click on my case note:
Photographs taken 5 April 2020
The streetscape: the camphor laurel is to the right
The tree roots are forcing the fence to bow at the base & lift
The sandstone pathway has lifted and cracked
The tree roots have damaged the kerb and gutter