A decade ago, getting rid of a dangerous tree was almost an impossibility. Councils had a tree preservation order that placed trees at a higher level than human life - and getting permission to lop or remove was " mission impossible ".
One event changed that attitude - but at a terrible cost.
On July 29, 1998 a severe wind storm caused a thirty metre tree to crash through the roof of a Nowra home, killed the resident - Gordon Timbs - instantly.
Mr Timbs had repeatedly petitioned his local council for permission to remove this tree - and in each case he was refused.
The deceased family sued the council for damages - and that led to a long journey through the courts. The initial hearing found in favour of the council, but in April 2004 a victorious appeal resulted in an award of $ 750,000. However, the council's insurer launched another appeal - and the case was finally dismissed in favour of the family in March 2005.
The long battle caused a change of heart on the part of councils. This case established the responsibility of councils to consider and decide on safety issues relating to trees - rather than to just hide behind a tree preservation order and take no action.
It is now rare to have a council reject a tree removal request - but the battle is far from over. There are still " Greenies " amongst the public who value a tree above human life. This was demonstrated recently when the public demonstrated against the Roads and Traffic Authority ( RTA ) for removing dangerous trees lining a notoriously lethal section of a southern highlands road.
It will probably take future successful compensation litigation to move the state government to order a clear buffer zone of cleared trees beside all major roads.
Such a saver of lives is long overdue !
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