Article – The Tree Wins It ….
The tree wins it …
Article by Denise Gadd on Page 3 of the Sandringham and Brighton Advertiser 16 September 1981
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A 110-year-old tea tree in Beaumaris won’t end up as firewood, due to a decision handed down by Mr John Gleeson, SM, in Brighton Court last Thursday week.
The tree has been at the centre of a year-long dispute between Frederick Charles Twose and John Gerard Carroll, both of Dalgetty Rd., Beaumaris.
Mr Twose eventually took the matter to court.
In August of last year, Mr Twose and Mr Carroll had amicable discussions about a new dividing fence.
The only thing standing in the way was the tree, which grows on the boundary of the two properties.
Its base encroaches into the Twoses’ garden. The main trunk and branches lean over into the Carrolls’ property.
Mr Carroll wanted the tree preserved at all costs. “It enhances my garden.” he said. “And it has great historical significance in the area. It survived the 1940 bushfires.
“When Mr and Mrs Twose bought the property from us in 1955 I was a member of the Beaumaris Tree Preservation Society.”
“I told them that my wife and I were keen to preserve the tree.”
“We had a gentleman’s agreement about it.”
“All of a sudden they got this obsession to remodel their garden. Mr Twose wanted a clean fence so decided the tree had to go.”
Mr Twose told The Advertiser: “At first we did agree to build the fence around the tree, but Mr Carroll took so long to organise things, we changed our minds.”
Mr Twose said that the tree was interfering with his plans to update his garden and he wanted to extend his brick fence alongside the wooden fence.
Mr Twose added: “The tree they’re preserving is propped up with a stake and has only a small amount of foliage on top. It sways about precariously in the wind and looks as if it’s about to fall down.”
The president of the Beaumaris Conservation Society, ex-Sandringham councillor Mr Geoff Goode, spoke on behalf of Mr Carroll in court.
He said the National Trust was compiling a register of certain trees with historic and natural interest.
“Before Mr Carroll told me about his problem, the society had already decided to nominate certain trees in Beaumaris.”
“When it was drawn to my attention that this tree was threatened, I went and looked at it.”
“I will recommend to the trust that it be preserved. It has great community value.”
“Structures have been modified in other houses in Beaumaris to accommodate special trees.”
Mr Gleeson ordered that a paling fence be built to accommodate the tree, and that Mr Twose, who represented himself, pay $300 costs.
was relieved that it was all over. “It’s been a long year,” she said. “I don’t understand why it’s taken so long. After all we are neighbours.”