Sophie Conlon
FOR more than two years Kerry Holmes has pleaded with the City of Mount Gambier to remove a dozen trees from her property line, and the fight is almost over with elected members voting to start the removal process.
She said the Norfolk Island hibiscus trees had caused thousands of dollars worth of damage to her home and the stinging nettles it produced were a constant pain.
Ms Holmes addressed council at their latest meeting, April 18, and asked them to move the process along.
“I’m not just here to complain about a few leaves in the gutter, I’m here to say the damage to our property is quite substantial and it’s just been going on forever and ever and ever,” she said.
In a passionate speech, Ms Holmes called for answers and told elected members of the daily struggle her family faces as a direct result of the trees.
“The black on the roof is a sooty mould, the paths on the back of our house are as black as black, the Velux windows, the fancy roof windows, we can’t even see through them anymore they are that covered in mouldy soot,” she said.
“It’s everyday things we can’t do, we can’t hang washing on the clothesline, we can’t open windows at the back of the house because all those little hairs come through the windows and they’ve ended up in our bedding.
“We’ve got $7000 worth of solar panels on our roof that don’t work because they are covered in sooty mould.
“We can’t connect rain water tanks, we’ve had to take those away because it contaminates all the water, so they’re gone, they’re the rainwater tanks the council require when building a new home.
“We keep tweezers on our counter 24/7 because we’re always picking little things out of our skin.”
Ms Holmes and the property developer first approached council in March 2021, calling for the trees to be removed.
The trees were part of the original St Pauls Church block, much of which is state heritage listed and a state heritage advisor told council the trees provided a backdrop to the heritage site.
“I consider that removal of these trees would have an adverse impact on the State Heritage Place St Pauls Church,” the advisor said.
At the time, council found the trees were in ‘sound condition’ and there was ‘no current need to remove them’ after receiving recommendations from the advisor council voted to engage the services of an arborist.
In June 2021 council received a report from Arborman Tree Solutions which concluded the trees did not display ‘features that indicate they are in declining health and/ or structure affecting their long term integrity’ and they were ‘not considered to warrant remedial action at this stage’.
In July 2021 Ms Holmes and the property developer were advised the trees would not be removed.
After this Ms Holmes and the developer engaged the services of Frank Brennan Consulting Services, who in December 2021 called on the council to conduct an internal review into their decision not to remove the trees.
Council considered this at their February 2022 meeting, but voted to defer the decision to their April 2022 meeting, where it was ultimately decided an internal review would be conducted.
Alongside the internal review council also took advice from Norman Waterhouse Lawyers, who in December 2022 reported while the original decision was legal, it was ‘not the best or preferable decision available’.
On advice from the lawyers and the internal review, council again engaged the services on Arborman Tree Solutions, who in February 2023 recommended legal opinion was sought to properly identify if the trees could be considered a nuisance.
After hearing Ms Holmes speak councillor Max Bruins said it would be a substantial cost to remove the trees, and in the past 10 years there had only been one complaint about the trees.
“The entire ratepaying body of Mount Gambier pays to remove those trees,” he said.
Refuting this, Ms Holmes said the council had spent a considerable amount in legal fees and could have initially put that towards removal.
She also said there was only one complaint as she was the first one to move in, though there were four more neighbouring blocks sold with a house being built on one of them.
The recommendation, discussion and voting was done in confidence, though mayor Lynette Martin said councillors voted in Ms Holmes favour, and staff would begin the removal process, which will be subject to a development application process.
“This resolution followed consideration of the outcomes and recommendations of the Section 270 Internal Review, arborists reports, the provisions of Section 245 of the Local Government Act 1999, and legal advice on potential nuisance arising from tree litter and other sources in a suburban setting,” she said.
“This process will involve state heritage referral and public notification for 15 days before planning consent is determined by the Limestone Coast Southern Regional Assessment Panel.
“The removal will therefore depend on the outcome of this process.”
