Council ‘passes the buck’ for damage
TOWNSVILLE City Council has been accused of passing the buck for damage on a Mount Louisa home believed to have been caused by a tree planted outside the property.
The tree, a Terminalia sericocarpa or Damson plum, reaches 30m high and was growing just 6m from the foundations of Troy Standley’s home in a council drainage reserve.
He has been trying to get the council to remove the tree for four years.
The council cut it down after he provided engineering reports finding it was the cause of damage including cracks to walls and slab separation expected to cost $160,000 to repair. But the council revealed last month it was not accepting liability.
Mr Standley said the council should “come to the party” for “their tree”.
“What gives the council the right to plant something that causes damage and they don’t have to rectify it?” Mr Standley asked.
A council spokesman said they were sympathetic but not at fault.
“The independent investigator found that the damage within the dwelling indicated that its foundations were not adequately designed and constructed to allow for the expected ground movement,” the spokesman said.
“As such, the independent investigator determined that council was not liable for the damage sustained.”
The finding, by claims specialists Liability Adjusters, is at odds with reports of structural engineers.
A report by Premise finds the home’s waffle pod foundations are in accordance with Australian Standards for M class soil at the site.
Both Premise and another report by Jeffrey Hills & Associates Structural Engineers note that the tree is within a distance where it could affect the moisture levels beneath the home, leading to ground movement.
“It is our opinion that the large tree in question has relied significantly on moisture within the property during the extended dry period Townsville experienced prior to 2018,” Premise said.
“This has led to the tree absorbing moisture from immediately adjacent to the house, resulting in settlement of this corner of the house.”
Townsville arborist Stephen Murphy said the tree should never have been planted or allowed to grow so near the home and that in his experience this kind of issue occurred “very rarely”.
With insurer Suncorp revealing Mr Standley’s insurance policy does not cover him for “ground movement”, he is facing not just costly repairs but expensive legal action to seek compensation.
What gi ves the council the right to plant something that causes damage and they don’t have to rectify it?
TROY STANDLEY