VIC Council Street tree

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lkwllms

Member
16 July 2020
2
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Under my Council's Urban Forest Strategy, a street tree will not be given consideration for removal unless deemed dead, dying or hazardous to the public.
We requested the removal of a street tree, advising Council that my elderly husband had incurred 2 separate falls, due to slipping on its seed pod debris, both external & internal of our property, which had resulted in injury on both occasions. This was supported by medical reports.
Both a Council arborist & Independent sent by Council, deemed the tree in good health, risk as low, after the fact, citing they do not remove trees because of falling debris
We appealed, it was then to be removed as part of a Street upgrade, 6 trees in total, ours included. Only 2 were removed, until a neighbour complained & work ceased and the remaining trees were cited as to be retained. Needless to say, we are outraged.
I have exhausted all avenue of appeals & the ombudsman cited his agreement with Urban Forest Strategy
What constitutes a hazardous tree, a tree that may cause injury to the general public.
Obviously we did not meet their criteria.
What / Can / Do we have any legal address...No injuries were not permanent, therefore we don't have a public liability claim