Information

  • APPLICANT:

  • RESPONDENT:

  • CASE NO:

  • SITE ADDRESS:
  • I, Mr Benjamin Inman certify that I attended at the above location on the

  • Actual Start Time:

  • Actual Finish Time:

1. Introduction/purpose

1.1. Brief

My role as tree Assessor is to gather facts by observations and other simple tree tests, about the trees and alleged tree damage, obstructions etc, and provide expert recommendations that help QCAT to: a) determine if the dispute is within the jurisdiction of the Neighbourhood Disputes Resolution Act 2011 (NDR) b) determine if the orders sought are appropriate with respect to the NDR c) determine and specify appropriate actions, if any, that may lead to the efficient and fair resolution of the tree dispute.

1.2 Qualifications and Experience (Attached and marked A)

1.3. Documents and Information Provided

1.4. Relevant Background Information

  • Applicant:

  • Respondent/Tree-Keeper:

1.5. Issues addressed in this report

2. Site Visit and Observations

2.1. NDR Jurisdiction Checks - Ownership/tenure of land, location and type of "tree"

  • Are each of the trees, which are part of the application, subject to the legislation? - s42

  • Are each of the trees a "tree"? - s45

  • Are each of the trees situated on the adjoining land or land that would be adjoining if not separated by a road? - s47 and s46(b)

  • Are each of the "bases" of the trees situated "wholly or mainly" on the adjoining land? - s47(1)

Visual Tree Assessment:

  • Tree No.

  • Additional Location Details:

  • Photo

  • Common Name

  • Species

  • DBH:

  • HEIGHT:

  • WIDTH:

  • Age Class:

  • Tree Significance

Tree Health

  • Tree Health:

  • Tree Structure:

Risk Assesment

  • Size of Part Likely to Fail

  • Target Usage

  • Likelihood of Failure

  • Consequence of Failure

  • Score Given?

  • CRITICAL, P1 - REMEDIAL WORK REQUIRED WITHIN SAME DAY

Consequential Works Required

  • Is a photo required to demonstrate the work?

  • Add media

  • Removal Required?

  • Removal Size

  • Removal Description

  • Trim Required?

  • Trim Size

  • Trim Description

  • Other Work Required?

  • Work Description

  • URGENT, P2 - REMEDIAL WORK IS REQUIRED WITHIN 2 - 14 DAYS

Consequential Works Required

  • Is a photo required to demonstrate the work?

  • Add media

  • Removal Required?

  • Removal Size

  • Removal Description

  • Trim Required?

  • Trim Size

  • Trim Description

  • Other Work Required?

  • Work Description

  • HIGH PRIORITY, P3 - REMEDIAL WORK REQUIRED WITHIN 15 - 90 DAYS

Consequential Works Required

  • Is a photo required to demonstrate the work?

  • Add media

  • Removal Required?

  • Removal Size

  • Removal Description

  • Trim Required?

  • Trim Size

  • Trim Description

  • Other Work Required?

  • Work Description

  • MEDIUM PRIORITY, P4 - REMEDIAL WORK WITHIN 12 MONTHS

Consequential Works Required

  • Is a photo required to demonstrate the work?

  • Add media

  • Removal Required?

  • Removal Size

  • Removal Description

  • Trim Required?

  • Trim Size

  • Trim Description

  • Other Work Required?

  • Work Description

  • LOW PRIORITY - NO ACTION REQUIRED

Consequential Works Required

  • Is a photo required to demonstrate the work?

  • Add media

  • Removal Required?

  • Removal Size

  • Removal Description

  • Trim Required?

  • Trim Size

  • Trim Description

  • Other Work Required?

  • Work Description

  • Extra tree

  • Tree NO.

Visual Tree Assessment:

  • Tree No.

  • Additional Location Details:

  • Photo

  • Common Name

  • Species

  • DBH:

  • HEIGHT:

  • WIDTH:

  • Age Class:

  • Tree Significance

Tree Health

  • Tree Health:

  • Tree Structure:

Risk Assesment

  • Size of Part Likely to Fail

  • Target Usage

  • Likelihood of Failure

  • Consequence of Failure

  • Score Given?

  • CRITICAL, P1 - REMEDIAL WORK REQUIRED WITHIN SAME DAY

Consequential Works Required

  • Is a photo required to demonstrate the work?

  • Add media

  • Removal Required?

  • Removal Size

  • Removal Description

  • Trim Required?

  • Trim Size

  • Trim Description

  • Other Work Required?

  • Work Description

  • URGENT, P2 - REMEDIAL WORK IS REQUIRED WITHIN 2 - 14 DAYS

Consequential Works Required

  • Is a photo required to demonstrate the work?

  • Add media

  • Removal Required?

  • Removal Size

  • Removal Description

  • Trim Required?

  • Trim Size

  • Trim Description

  • Other Work Required?

  • Work Description

  • HIGH PRIORITY, P3 - REMEDIAL WORK REQUIRED WITHIN 15 - 90 DAYS

Consequential Works Required

  • Is a photo required to demonstrate the work?

  • Add media

  • Removal Required?

  • Removal Size

  • Removal Description

  • Trim Required?

  • Trim Size

  • Trim Description

  • Other Work Required?

  • Work Description

  • MEDIUM PRIORITY, P4 - REMEDIAL WORK WITHIN 12 MONTHS

Consequential Works Required

  • Is a photo required to demonstrate the work?

  • Add media

  • Removal Required?

  • Removal Size

  • Removal Description

  • Trim Required?

  • Trim Size

  • Trim Description

  • Other Work Required?

  • Work Description

  • LOW PRIORITY - NO ACTION REQUIRED

Consequential Works Required

  • Is a photo required to demonstrate the work?

  • Add media

  • Removal Required?

  • Removal Size

  • Removal Description

  • Trim Required?

  • Trim Size

  • Trim Description

  • Other Work Required?

  • Work Description

2.2. Checks as to whether the applicant's land is affected by the tree(s)?

  • Are there branches of the tree on the adjoining land, overhanging the land by more than 0.5m? S46(a)(I)<br>OR

  • Add media

  • Depending on alleged affect stated in Application

  • Has/have the (are the) tree(s) caused, causing, likely to cause within next 12months, serious injury? - s46 (a)(I)(a)

  • Add media

  • Regarding injury from falling branches or whole tree

  • Are there visually obvious, and arboriculturally significant, defects in the tree(s)

  • Add media

  • Is there evidence of previous tree or tree part failures, and their consequences?

  • Add media

  • Regarding injury from other non-defect parts of the tree? Eg. thorns, heavy fruit, tree root trip hazards, allergic reactions, etc.

  • Is such injury caused, causing, or potentially injury causing tree or tree parts present or likely to be present at a particular times of year?

  • Add media

  • In your professional opinion, is there a high likelihood

  • Add media

  • Serious consequence of the presence of such tree parts?

  • Add media

  • Is there peer reviewed, published confirmation of the causal association between the tree(s) and the allergic reaction outlined in this application?

  • Add media

  • Have the (are the ) tree(s) caused, causing, is likely to cause within the next 12 months, serious damage to land or property on land? - s46(a)(I)(B)

  • Describe the extent, type (and photograph) of the visually obvious, damage alleged to have been caused, being caused by the tree(s)

  • Add media

  • Is there also a clear, visible, or in your opinion, obvious link between the tree and the damaged alleged to be caused by the tree(s)?

  • Add media

  • What damage, alleged in the application, is NOT visible?

  • Add media

  • Is there likelihood, in your professional opinion,of damage within the next 12 months, and what do you think would be the extent of this damage

  • Add media

  • Is there evidence of previous pruning or other tree work? IF YES describe:

  • Add media

  • Have the (are the) tree(s) caused, causing, or likely to cause within next 12 months, substantial, ongoing and unreasonable interference with the neighbour's use and enjoyment of the land - s46(a)(ii) (C)

  • List your factual observations relevant to the all edged interference, other than sunlight or views eg. sap from trees on washing - is the sap from something other than the neighbour's tree?

  • Add media

  • If the alleged interference is about obstruction of sunlight to windows or roof or view from a dwelling. <br>Does the tree rise at least 2.5m above the ground?

  • Add media

  • Is the obstructed window/roof part of a dwelling or view from a dwelling?

  • Add media

  • What size (nearest square metres) is the applicant's land?

  • Add media

  • If the alleged interference is about severe obstruction of sunlight to windows or roof of the dwelling. Check the measurements and orientation provided by the applicant about the exact location of the tree(s) in relation to the location of the obstructed windows/roof of the dwelling.

  • Add media

  • In your professional opinion, was the tree(s) in an obstructing position at the time the window, roof, solar panels etc were installed?

  • Has the tree grown to be an obstruction since the window, roof, skylight etc. was installed?

  • In your professional opinion, what would be the extent of obstruction within the next 12 months?

  • Add media

  • If the alleged interference is about severe obstruction of a view from a dwelling. What is the view of? Describe the elements which may help determine the significance of the view.

  • Add media

  • To what extent, and from what types of viewing locations/positions, is the view obstructed?

  • Add media

  • In your professional opinion, was the tree(s) in an obstructing position at the time the dwelling was acquired by the applicant?

  • Has the tree grown to obstruct the view since the dwelling was acquired?

  • In your professional opinion, based on the tree(s) growth rate and form, how extensive would the obstruction be within the next 12 months? (% vs current %).

  • Add media

2.3. Checks against matters for consideration ss70-75

  • In your professional opinion, has anything other than the tree contributed to the alleged tree affects in dispute, including any actions by the applicant, or affects of trees on applicants land?

  • Add media

  • In your professional opinion, regarding sunlight or view issues what is the contribution of tree(s) to protection or re vegetation of a waterway or foreshore?

  • Add media

  • In your professional opinion, are there any other considerations which need comments/observations made about. Eg. observations relating to specific points raised in other reports provided with the application, or in reports/permits provided by the vegetation protection authority.

  • Add media

  • Other values/benefits of the trees, especially to the broader community, but also eg. Does the shade cast by the subject tree(s) provide any benefits, values to the tree-keeper? eg. contributing to the tree-keeper's use and enjoyment of their property.

  • Add media

  • Comments about the likely impact and feasibility of recommended tree works, as compared to other tree works sought in the application, related to efficient resolution of the dispute and/or health, longevity, risk to the tree.

  • Add media

2.4. Recommendations (related to jurisdiction, or further investigations required before an order can be made)

  • Is there a need to Survey the tree location in relation to boundary to determine NDR jurisdiction?

  • Add media

  • Are there other expert test / reports / and what are they, and what information will they yield, critical to determine NDR jurisdiction, or other facts important to the decision making process.

  • Add media

  • Are there any tree work recommendations, specific to the restraint, remedying or preventing established tree affects on the applicant's property? If so, what are they specifically - removal, pruning (branch and/or root), specifications, qualifications of tree workers, timing, frequency of ongoing access, etc.

  • Add media

  • If tree work, or interference with trees, is recommended, and the trees are protected, then recommend appropriate permit be sought (note if you believe the works may be exempt under the relevant vegetation protection legislation).

  • Add media

  • Are there any recommendations about other work related to remedying or preventing the tree's affect?

  • Add media

  • If any quotes have been provided with the application, would you offer an opinion on those, or recommend other quotes be sought?

  • Add media

  • If tree removal is recommended - are there recommendations regarding replacements?

  • Add media

3. Discussion

  • Add media

4. Conclusion and recommendation

  • Add media

Signed:

  • Add signature

List of issues

  • APPLICANT:

  • RESPONDENT:

  • CASE NO:

  • SITE ADDRESS:

Issues AGREED:

  • Applicant:

  • Respondent:

Issues in dispute:

  • Applicant:

  • Respondent:

Key Guide

  • Age:

    Infancy: Young tree, healthy, growth then enhanced by mycorrhiza root associates.

    Juvenile: Continued to fast growth net cease in annual increment, low volume of dysfunctional tissue.

    Semi- Mature: Growth to peak, deadwood formation, maximum pollination and seed capacity, some natural limb loss, increase of dysfunctional tissue, accelerated fungal colonisation and activity.

    Mature: Retrenchment of growth, reduction in net annual increment contraction of live crown, increased vegetative vitality in lower crown, increased fungal activity and wood decay, increase colonisation by flora and deadwood.

    Over-Mature: Advanced retrenchment, decline in crown size, and annual increment, extensive hollowing, crown collapse, decline in vitality, advanced heartwood decay, and hollowing, advanced fauna and flora.

    Senescent: Terminal decline, tree death, continual in fungal activity, nutrient recycling.

  • Tree significance:

    Highly significant: Rare/Endangered species or remnant to the area. Protected vegetation under a Local Law. High aesthetic value - tree has high significance in size / colour and shade.

    Significant: Healthy and sound tree(s) which play a significant functional role to the local community and/or contributes to the over all landscape feature. Aesthetic - tree has a minor significance to size / colour and shade. Forms part of a recognised landscape theme.

    Desirable: Well represented in the local area. Healthy sound tree that contributes to the landscape.

    Un-desirable: Common and/or weed species. Diseased or declining tree. Undesirable species (weedy species).
    Does not contribute to the overall landscape theme. Presents additional conflict with the infrastructure or safety that cannot be resolved through Arboricultural treatment.

  • Tree Health:

    Excellent: Exceptional specimen, crown full and balanced, foliage entire with good colour, minimal or no pathogens damage and ideally suited to site.

    Good: Crown full, can be unbalanced, foliage entire with good colour, minimal or no pathogen damage.

    Fair: Tree has <30% deadwood, canopy can be unbalanced, foliage generally with good colour, some discolouration may be present, minor pathogens damage present, typical of species in location.

    Poor: Tree has >30% deadwood, discoloured or distorted leaves and/or stress symptom that could lead to decline of tree.

    Dead: Tree is dead/dysfunctional.

  • Tree Structure:

    Excellent: Excellent branch attachment, no structural defects. Trunk sound. No damage to roots and good root buttressing. Good trunk and scaffold branch taper. No branch over extension.

    Good: Good branch attachment and/or no minor structural defects. Trunk sound or minor damages. No damage to root and/or good buttressing present.

    Fair: Some minor structural defects and/or minor damage to trunk. Bark missing. Cavities could be present. Minor damage to roots.

    Poor: Major structural defects and/or trunk damage and/or girdling or damages roots that aremproblematic.

    Hazardous: Tree poses immediate hazard potential.

Risk Assessment

  • Usage/target is the estimation of the occupancy and target potential within the fall zone of the subject tree.


    Constant-use: A. Permanent structures, playground, car parks, pathways, formal lawn areas that are occupied daily and are being used 80%-100% of the time.
    B. Freeways and major road corridors - Bus/Ferry/Rail terminals, traffic, pedestrian and road signals and signage, medical and emergency facilities.


    Frequent-use: A. Permanent structures, playground, car parks, path ways, formal lawn areas that are occupied for a couple of hours of a day.

    B. interconnecting road corridors and congested intersections - Bus/Ferry/Rail terminals, traffic, pedestrian and road signals and signage, schools and shopping centres and/or car parking adjacent to frequent-use public areas.


    Intermittent-use: A. Permanent structures, playground, car parks, path ways, formal lawn areas that are occupied for a couple of hours a week.

    B. Residential road corridors and congested intersections - Bus/Ferry/Rail terminals, traffic, pedestrian and road signals and signage, and/or car parking adjacent to intermittent - use public areas.


    Occasional-use: Peripheral areas with with occasion use or access with dispersed recreation. Permanent structures, playgrounds, car parks and bush pathways, that are occupied a couple of times a month.


    Low-use: Peripheral areas with low occupancy. No permanent structures and/or definitive bush pathways, visited a couple of times a year.


  • Likelihood of Failure:

    Failure certain: The tree has significant structural damage, unsupported active split trunk(s), unsupported fractured/hanging branches, and dead branches/trunks and therefore failure is very likely to occur in most circumstances.

    Failure likely: The tree indicates signs of excessive lateral branch weight, decay threshold has been compromised, root damage, supporting heavily embedded included bark, supporting fractured branches, major declining branches/trunks and therefore failure is likely to occur in most circumstances.

    Failure possible: Mature to aged tree in declining condition, structure concerns, decay apparent, history of branch shedding, and therefore failure may occur at some time.

    Failure unlikely: Tree appears healthy, but has a potential to develop minor deadwood and therefore failure is unlikely to occur at some time.

    No detectable threats: Tree appears healthy, no apparent signs of disease or damage, or is not of a size or condition to pose a threat, and therefore failure is very unlikely to occur except in exceptional circumstances

  • Consequence of Failure:

    Catastrophic: Death or major financial/property loss.

    Major: Extensive injuries or major financial/property loss.

    Moderate: Medical treatment required or high financial/property loss.

    Minor: First Aid treatment or medium financial/property loss.

    Insignificant: No injuries or low financial/property loss.

  • Risk assessment regarding Likelihood in combination with Consequence delivers an overall risk rating consistent with Standards Australia Risk Management AS/NZS 4360: 2004.

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