Question about Permit to Remove a Tree

Empharand on 06/04/2019 - 00:23
Last edited 06/04/2019 - 09:07 by 1 other user

Hi all,

Long story short, my neighbour has a very large tree (8+ Metres in Height) which hangs over my side of the fence. In my opinion it's posing a safety concern to my house as it leans towards my house. The branches are hanging over my overhead power line and are now touching my house (rubbing against my roof) which will eventually cause damage.

I approached the neighbour to see if they wanted to do anything about the tree, they informed me that they rent and they would not be contribuing to any money towards the tree as they are renting. I contacted my local council and I was informed that the owner of the property would need to apply for a permit to have the tree removed. I tried getting in contact with this neighbour (several door knocks to no avail), I also stuck a note on their door requesting the number, that note was removed but nothing has been actioned (it has been 3 days). I have tried knocking on their door also to no avail.

My other next door neighbour used to know the owner but no longer has his/her number anymore.

My dilemma is:
- I have no way of getting in contact with the owner to get them to request a permit for me to pay to have the tree removed.

I was tempted to just get the tree cut down but then I read THIS article which has deterred me from doing so

The tree itself is 8m+ high and has a overall circumference of 160cm.. my council allows you to remove a tree without a permit that has a circumference under 110cm and the tree is no more than 4m

My only real option is to contact the council and explain the situation in the hopes that they will allow me to apply for a permit by proxy (or something along those lines).

Home & Garden

Comments

  • zombrex on 06/04/2019 - 00:33

    You are allowed to cut any branches overhanging into your property.

  • tebbybabes on 06/04/2019 - 00:33

    I have not studied the regulations but a good half dozen of my friends who presumably had, have assured me that anything that goes over your property line, can in fact, be trimmed without requiring permits. Take note, I'm saying trimmed. Cutting down the tree, which I have looked into, is a no-no as it's not on your property.

  • Empharand on 06/04/2019 - 00:39

    Ok so I understand I have the option to cut whatever is hanging over, but in this case I'm referring to cutting down the whole tree.

    • AdosHouse on 06/04/2019 - 02:41
      +6

      Google the next door neighbours address, and find the rental ad from last time it was on the market. Give the agent a call and see if they still manage that property, if so, go from there.

  • champstarr on 06/04/2019 - 03:22
    +2

    Pay $15 or so and do a property title search.

  • Trung on 06/04/2019 - 06:26

    Friendly letter into their letterbox explaining your situation.

    Maybe also your mobile number in the letter so they can call you back.

    They might have ignored your note on door thinking it's just marketing.

  • Melb69 on 06/04/2019 - 07:34
    +3

    Even if you can get the neighbours details the owner doesn't need to do anything you want him to do because you don't like their tree. They might like the tree of any branches on your side of the property.

    If you still want to continue with your approach to the neighbour. All you can do iS offer it to be paid to be removed, including any permits and cleaning up. The neighbour may even want some compensation in the form of additional money to replant something there.

    Its your issue you have with them not theirs. IMO

  • 87percent on 06/04/2019 - 07:36

    In Melbourne at least, you can contact the council and they can provide the contact details of the owner. I only got the person's name and number

  • whooah1979 on 06/04/2019 - 07:41
    -1

    Roundup the overhanging branches.

  • John Kimble on 06/04/2019 - 07:42
    +1

    In my opinion it's posing a safety concern to my house as it leans towards my house.

    If you get a professional to confirm it's a safety risk, it might make it easier?

    https://www.finder.com.au/cutting-down-trees-on-your-propert…

  • [Deactivated] on 06/04/2019 - 08:33

    If wedges happen to occur on the side of the tree facing the other property, when it falls, it tends to fall in that direction.

  • JimmyF on 06/04/2019 - 10:30

    over my overhead power line and are now touching my house (rubbing against my roof) which will eventually cause damage.

    Anything over your fence can be cut…… So nothing stopping you from trimming the branches to save your house

    My only real option is to contact the council and explain the situation in the hopes that they will allow me to apply for a permit by proxy (or something along those lines).

    Won't happen.

  • Natt on 06/04/2019 - 10:47

    Its been a long time since I read the local council regs, but they may have the power to force removal if it is that dangerous.

    Although you should remove the vegetation on your side first (check council regs) and then assess the 'danger'. Its not a sound argument to say it needs removal because the branches encroach on power lines as they can be trimmed.

    I suspect the council could impose a requirement to trim on the owner instead, but that might take considerable time and cause a lot of neighbour angst. Guess it depends on the cost of trimming your side.

  • Pumpkin_rrr on 07/04/2019 - 08:09

    Here in Brisbane, for matters like this, you can contact Council and they should give you some contact method.

    Or speak with your Councillor.

    Best of Luck from me.

  • Hector on 08/04/2019 - 11:10

    Bring over a 6-pack (or coffee) to your neighbour

    Explain to them (and show them) the branches overhanging your yard

    Propose that you will cut them down on the boundary above the fence.

    Ask if that is okay

    • John Kimble on 08/04/2019 - 11:27

      But he wants to cut the whole tree down

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