I have posted a little about this in another thread but thought it deserved its own thread.
Neighbours' tree -a petophorum pterocarpum - grows 5.5 metres into our place. Sheds pods that fly across the
the yard and into the swimming pool. Three times we have had to replace the Creepy Crawly diaphragm because
smaller pods can be sucked up, jam in the diaphragm and rupture it. It sheds rubbish in the way of leaves and dead
branches also whic clog up the shed gutter.
I have the posts up to build a carport next to the shed but no builder will touch the job because the branches are in
the way and present a work hazard.
Neighbour refuses to remove branches. We have taken every possible action to get him to do this but he refuses to
even talk to us. So we went to QCAt.
We had a directions hearing via the phone with QCAT yesterday. It was only after some plading and extra explanation
that the senior member decided the best way to resolve the problem was to send a QCAT member to have an on site
inspection in January. A decision will be made after that.
In the meantime the Senior meber refused to allow the trimming of the tree on what I understand are the following grounds:
We cannot cut the offending branches because they are more than 2.5 metres above the ground.
No order would be given unless the tree actually harms a person!! I guess when some one is killed or loses an eye then
an apology is OK!!!! The tree has not caused injury to any person. Apparently financial loss and inconvenience is not a consideration.
It is the natural habit of trees to grow and spread!!!!
Now all throughout this process the neighbour has failed to contact us or QCAT, even when he is required to do so by QCAT!! No
consequences have accrued to him!!!
I am totally miffed!!!
Neighbours' tree -a petophorum pterocarpum - grows 5.5 metres into our place. Sheds pods that fly across the
the yard and into the swimming pool. Three times we have had to replace the Creepy Crawly diaphragm because
smaller pods can be sucked up, jam in the diaphragm and rupture it. It sheds rubbish in the way of leaves and dead
branches also whic clog up the shed gutter.
I have the posts up to build a carport next to the shed but no builder will touch the job because the branches are in
the way and present a work hazard.
Neighbour refuses to remove branches. We have taken every possible action to get him to do this but he refuses to
even talk to us. So we went to QCAt.
We had a directions hearing via the phone with QCAT yesterday. It was only after some plading and extra explanation
that the senior member decided the best way to resolve the problem was to send a QCAT member to have an on site
inspection in January. A decision will be made after that.
In the meantime the Senior meber refused to allow the trimming of the tree on what I understand are the following grounds:
We cannot cut the offending branches because they are more than 2.5 metres above the ground.
No order would be given unless the tree actually harms a person!! I guess when some one is killed or loses an eye then
an apology is OK!!!! The tree has not caused injury to any person. Apparently financial loss and inconvenience is not a consideration.
It is the natural habit of trees to grow and spread!!!!
Now all throughout this process the neighbour has failed to contact us or QCAT, even when he is required to do so by QCAT!! No
consequences have accrued to him!!!
I am totally miffed!!!
Is the law really an ass?
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