The Gold Coast Bulletin

I'LL TREE BACK

- LEA EMERY

LONG-TIME neighbours in one of the Gold Coast’s wealthiest suburbs are back in court because of overhangin­g trees.

Carol Bool says her pool, gutters and entertaini­ng area at her Broadbeach Waters home are being destroyed and alleges her neighbour Stuart Constable told her the “trees are not a problem, you are”.

In reply, Mr Constable claims Ms Bool is barking up the wrong tree and his arborist had done all he could to trim the branches on his $1 million property.

NEIGHBOURS in an up-market waterfront street in Broadbeach Waters are so fed up with each other they have ended up in a courtroom for the second time in four years.

All because of overhangin­g trees.

Carol Bool is accusing neighbour Stuart Constable of having trees so tall and troublesom­e they are destroying her pool, gutters and entertaini­ng area.

Ms Bool claims an agreement reached in 2016 is “futile” and the trees separating their waterfront homes on Tumbi St need to be removed.

After going to the Queensland Civil and Administra­tive Tribunal in 2015, Ms Bool and Mr Constable came up with a mutual agreement to have the trees regularly trimmed.

Ms Bool now alleges Mr Constable has used “every thinkable cliche” to avoid trimming the trees as agreed, including he cannot afford the cost, the trees were too high, “trees are not a problem, you are” and questionin­g why she bought a home near the trees.

She has sought help from QCAT to have the earlier agreement about the trimming overturned and the trees removed.

In her applicatio­n to the tribunal, Ms Bool claims the cadaghi, umbrella and flame trees deposit leaf litter in the gutters and are spreading foliage on her property and into her pool.

Mr Constable, however, claims his arborist had done all he could to trim the trees on his $1 million property.

He said the trees were trimmed in October 2016 and May and June 2018.

A QCAT judgment from Senior Member Ian Brown this month detailed Mr Constable’s efforts to have the trees trimmed.

“Various tree works were undertaken including reducing and removing epicormic regrowth, reduction of lateral branches and raising the tree canopy,” the QCAT documents read.

The neighbours have both owned their homes for more than a decade, according to property sales informatio­n.

Ms Bool has been asked to file more informatio­n with QCAT before the matter can progress further.

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