After 2 slip & falls, sustaining injury because of a Council tree, a request to remove it denied, the tree deemed in fair health, yet structurally sound, therefore not meeting criteria for a dead, dying or hazardous tree.
An appeal for an exemption to this policy, under the safety aspect of the tree creating a slipping hazard, also denied, having been assessed as low risk.
Denied, after the fact, despite supporting Dr's reports confirming falls & injury, & having ongoing problems associated with one.
The person in question, an elderly resident in his 70's, with previous workplace injuries, and already compromised limitations to both his physical & mental well-being.
This Council matter has added to that.
The appeals process has now been exhausted.
Council's determination is that debris on footpaths can be managed through appropriate tree management.
Unfortunately, this is inadequate & sporadic, as the debris is also internal to his property most of the year.
Therefore the tree is an ongoing safety hazard and remains a serious risk to his health.
Does he have legal redress to remove the tree.
An appeal for an exemption to this policy, under the safety aspect of the tree creating a slipping hazard, also denied, having been assessed as low risk.
Denied, after the fact, despite supporting Dr's reports confirming falls & injury, & having ongoing problems associated with one.
The person in question, an elderly resident in his 70's, with previous workplace injuries, and already compromised limitations to both his physical & mental well-being.
This Council matter has added to that.
The appeals process has now been exhausted.
Council's determination is that debris on footpaths can be managed through appropriate tree management.
Unfortunately, this is inadequate & sporadic, as the debris is also internal to his property most of the year.
Therefore the tree is an ongoing safety hazard and remains a serious risk to his health.
Does he have legal redress to remove the tree.
