18 May 2018

Ask RiotACT: Regulated trees on Mr Fluffy blocks

20 May 2018 | AJ

Hi Rioters,

I am one of the unlucky & frustrated buyers who bought a Mr Fluffy block at auction and later found out that there is a regulated tree on the block – which I can’t remove!

The location of the tree is ruining everything for my family’s dream house plan. Because of the tree, I can’t build a house to fulfill the requirement for my family and specifically for my son who has a disability. He needs space for his therapy and equipment. He is already on carers payment and NDIS.

I applied for removal of this tree to TCCS and gave them all the reasons (family circumstances, additional cost to build two storey house etc). Their response was like, ‘we don’t care how you manage, we want that tree there. You bought that block, you suffer’…

In addition, apparently my neighbours also have a problem with the removal of the tree.

I am the owner of the block and the tree is affecting my family sustainability. I feel I should be allowed to get rid of it.

I did say to TCCS that I am happy to plant more trees on my block or willing to pay a fine. I don’t have a problem with the tree on my block, it’s just the location of the tree.

How can they allow the removal of hundreds of trees from Northbourne Avenue and new suburbs but they won’t allow me to remove a single tree?

I am really frustrated and I feel I have run out of every possible option to get rid of that tree.

Would love any advice on what I can do or any other avenues I should pursue?

Thanks so much.

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rr26063:30 pm 21 May 18

Hi AJ. Have you asked your building designer about the chances the tree removal could be approved as part of a Merit Track development application ? The Planning section has the ability to disregard the advice of the Conservator in certain circumstances.

AJ2:24 pm 21 May 18

Thanks so much guys for your input. I got a letter from my GP and therapist to request the removal for my TCCS application as my DS with disability needs some space for his therapy and equipment, which he can use year around. Also, the tree is just 1 meter from an unapproved structure (built by previous owner). So, my arborist is going to cover the potential risk from this development. If I don’t get a favourable outcome, then I am planning to send all the details to the ACT minsters as well. Thanks again for all the suggestions.

We do love trees and that is the main reason we bought this land in an established suburb with trees everywhere. Before buying this block I noticed the tree in the backyard, but it was behind the unapproved structure, so I was not able to determine how far in the backyard this tree was. An exclusion zone of this tree is a 6M radius, which leaves me a very small place to build.

Thanks again for your time in reading and suggesting.

Cheers

Lucy Baker1:40 pm 21 May 18

You should count your blessings that NDIS is paying you taxpayer’s (our) money for your child. Your neighbours and the whole community benefit from established trees. The tree was already established and on your block when you bought it. Work around it! For an example of accommodating a tree, drive along Duffy St Ainslie where the house at about no. 30 built their deck around a tree.

Rollersk8r11:51 am 21 May 18

We found the application process to be quite inconsistent. We were eventually granted permission to remove all of the gum trees on our old block, which took several applications over a period of 3 to 4 years. We were denied permission to remove a particular tree – but were then granted permission about a year later. The downside is it probably cost us $7000 to have them all done…

Sharon Casey7:58 am 21 May 18

Trees are part of the character and feel of the older suburbs. Want a treeless, soulless block that will be 10 degrees hotter in summer….go buy in one of the new McMansion suburbs.

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Matthew Cousins8:52 am 21 May 18

There was once a time when the older suburbs also had no trees and in your words no soul. New suburbs have to start somewhere

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Jedda Do7:58 am 21 May 18

Also be aware that gum trees can just fall over when they die; potentially knocking our half of someone’s dream home. I’d lodge the tree damaging application too.

Lin Van7:08 am 21 May 18

Let’s just cut down all trees everywhere now because the government removed trees that were past their use by date for a light rail project?

But what they said above. Lodge a tree damaging activity application.

(I wish I had a yard big enough for a gum tree to grow in.)

Bec Moroney6:55 am 21 May 18

Be aware ..its about $20,000 fine if you cut it down without permission …and they find out. We had the same problem. We wanted to flip our house design but …shocking …a big gum tree in the way. Only thing you can do is get an arborist to come and check to see if your tree is diseased.

Cara Ann12:56 am 21 May 18

Apply to the ACT Government for permission to undertake a ‘tree damaging activity’. We did for our new property and got permission to remove the tree with no problem. We found them to be entirely reasonable.

Suzanne Tunks12:04 am 21 May 18

If the tree has been saved, it’s for good reason. Be kind to it. Get a creative architect and make your dream home even better by incorporating it in the plans 😊

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