Couple fight City over tree damage

Couple fight City over tree damage

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Lois and Terry McKenney said they wanted the City of Canning to replace mature tree on their lawn with a smaller species. Photograph - Toby Hussey.

A mature non-native species of tree is at the centre of a dispute between a Canning Vale couple and the City of Canning.

Lois and Terry McKenney are in their seventies and have lived at their Woodrush Way property for about 16 years.

When they built the house it was one of the first properties in the new estate to be completed and a Plane tree, which the city had installed on their lawn, was still a juvenile.

Now 12 years on, the once small tree on their lawn has grown to be one of the largest in the neighbourhood and the problems with it resurface every year when leaves start to fall from its branches.

Mrs McKenney said in recent years they had spent thousands of dollars repairing damage to their house caused by leaves blocking gutters and roots disturbing walkways.

“We’ve had water damage into the garage and into the master bedroom because of the leaves,” she said.

“Even though they’re cleared out, it just happens.”

When Mr McKenney was confined to a wheelchair in 2005, gardening and maintenance work around the property largely fell onto his wife, who suffers with arthritis.

The couple said they spend hundreds of dollars a year having a professional visit to clear out debris from gutters, but has also had to call in family to get onto the roof and clear blockages.

Mr McKenney said prior to his disability he would have done handy work himself, but his wife now took care of the chores.

“It’s just been work, work, work,” he said.

In 2014 the couple had to pay $2500 for a brick walkaway leading to their front door to be rebuilt after the tree’s long-reaching roots damaged it.

The couple applied to the city for it to cover the cost of repairs, but the city’s insurers claimed it was not liable for property damage caused by trees.

In 2015 the couple complained to the city about further root damage, asked for the tree to be pruned back and even threatened legal action, but made no progress.

However in response to the couple’s complaints the city has removed several of the tree’s problem roots, installed a root barrier and offered an extra bin for leaf collection, but due to its policy to improve leaf canopy coverage said it would not cut down mature trees without good reason.

The City of Canning has one of the lowest levels of tree canopy coverage of all local governments in Perth and said it did not remove trees because of leaf drop.

Its current policy is to replace each removed tree with two new ones.

Mrs McKenney said the couple enjoyed the look of the trees, which are common around the suburb, but said they wanted their special circumstances taken into consideration.

“I’m not anti-tree,” she said.

“If they decide to take it out and reinstate it with a different tree I wouldn’t be against it.

“A small tree, a manageable tree.”

The issue was set to be discussed at the November 21 council meeting.

The city’s officers have recommended council reject the couple’s request.