Hunters Hill Council's expensive tree-hugging exercise comes down

When an almost century-old camphor laurel tree in Hunters Hill showed signs it had finally outgrown its patch of footpath outside the historic sandstone residence Lugano three years ago, it looked like a simple matter of having it removed by council.

Indeed, that was what Dr Peter Donnelly and his wife Judy were told by an officer at Hunters Hill Council in late 2017, given the tree’s roots were pushing against their sandstone palisade fence and gate and pushing up pavers in their front path.

But council soon reversed that initial decision after it received many requests from locals hoping to preserve the tree, triggering an expensive three-year battle that is due to finally end on Friday when the tree is set to be felled.

Ultimately, it was an expensive legal battle for Hunters Hill Council to lose given it is expected to cost more than $200,000 given damages awarded in favour of the Donnellys, the cost of reconstructing the fence and gate, arborist reports, legal costs and the cost of removing the tree.

“We’ve been really stressed about this for three years watching our fence being slowly destroyed,” said Mrs Donnelly. “We’re not happy knowing people have taken a petition to all our neighbours to sign while we’re having problems trying to save our property.

“We like trees as well but when it starts destroying a heritage property and large roots rising from the footpath cause people to trip, then it’s unacceptable.”

The historic residence was built in 1889 by prominent local businessman and mayor Charles Jeanneret, and bought by Dr Donnelly in 1980 for $298,000. The tree dates to the 1920s and the Victorian-style sandstone and wrought-iron fence and gate was approved by council in 1989.

“There has been considerable community interest in the matter given Hunters Hill is considered the first garden suburb,” said a spokesperson for the council.

“Residents who made submissions regarding the removal of this tree have been advised.”

Central to the argument before District Court Judge Matthew Dicker between Hunters Hill Council and the Donnellys was whether the roots of the camphor laurel tree are an “actionable nuisance”, and if so, if that entitled Dr Donnelly to recover damages for the cost of repair, loss of enjoyment, stress, inconvenience and out-of-pocket expenses.

Judge Dicker’s judgment handed down in April ruled in favour of Dr Donnelly, saying damage to the “fence, gate and path has become significantly and relevantly worse since November 2017” when council were first notified.

The Donnellys sought $25,000 in damages, but were awarded only $5000 as well as costs to repair the fence and gate, and their legal costs, estimated at $120,000.

A bid by council to preserve the tree by altering the fence and gate was also rejected because it is expected to only live another 15 years and council’s proposal seemed to place the tree and its roots above that of the Donnellys’ rights to avoid further damage to their property.