By JESSE GRAHAM
A HEALESVILLE man is demanding compensation from the Yarra Ranges Council, after his car was allegedly written-off by a falling tree branch.
But the council has said it is not liable for the falling branch, and said the tree was deemed healthy, and was subjected to “near gale winds” during the incident.
Healesville’s Trevor Gottsche is thousands of dollars out of pocket after his 1998-model car was allegedly written-off by a falling tree branch while parked on his nature strip, on Old Fernshaw Road, in early March.
He said the tree had been an issue since 2002, and had been inspected multiple times before the limb fell, damaging a roof support and smashing out the back window.
But Mr Gottsche said after he submitted a claim to the council, things went awry when he was told that because the tree was self-sown – and not pro-actively planted by council – the council was not responsible for the tree.
He said his car was never inspected, and that the tree was later pruned by an arborist, but his claim against the council was denied, and he had to purchase a new car to replace the damaged one.
“It’s just not cricket,” he said.
“I cannot, for the life of me, get over why I rang them, and they said it’s not their tree – why they would come up here a day later and prune the tree.”
When visiting the scene, the tree had been marked with a blue “X”, and many limbs had been pruned away – though the tree roots came up to the surface.
Mr Gottsche said he still wanted to be compensated by the council for his loss, and for the tree to be completely removed.
The council’s corporate services director Troy Edwards confirmed what Mr Gottsche was told about self-sown trees.
“Under the Road Management Act, the council has no obligation to inspect or maintain self-sown trees growing on the roadside,” Mr Edwards said.
“However, Yarra Ranges Council does undertake inspection on these trees upon request.”
Mr Edwards said the tree was inspected in March 2013 by a qualified arborist, who “found the tree to be in fair health and structure, requiring no works”.
“On the day the tree branch fell, about three years after the inspection, the tree was subject to near gale winds of 61km/h,” he said.
When asked if the council was liable for falling trees or branches on council land, Mr Edwards said the council “does not speculate on insurance-related matters”.
Mr Edwards said residents concerned about the health or safety of a tree should call the council on 1300 368 333, particularly if noticing broken branches that are likely to fall, trees suddenly leaning with cracks in the soil or roots coming out of the ground, cracks or splits through tree trunks, or fallen trees on public land.
