RENMARK Paringa Council will contribute more than $450 to support a fellow council’s legal battle surrounding trees allegedly pruned without the owner knowing.
Renmark Paringa councillors passed a motion at last month’s general meeting to contribute $453 “to City of Unley’s legal costs towards their appeal to the Supreme Court” relating to an Environment, Resources and Development (ERD) Court judgement from December 2019.
The matter surrounds a City of Unley resident’s complaint regarding two trees on her property she believed were significantly pruned without her permission, although three of four accused parties were later found not guilty by the ERD.
In a letter written to Renmark Paringa Council, City of Unley chief executive officer Peter Tsokas said consequences of the ERD decision would affect all Local Government Association (LGA) members.
“There are obligations within the Development Act 1993 intended to limit ‘tree-damaging activity’ to significant and regulated trees, which includes severing of branches, limbs, stems or the trunk of a tree,” Mr Tsokas wrote.
“Councils collectively play a significant role in the enforcement of these provisions and when significant matters are considered by the ERD Court the outcomes of those decisions impact us all.”
Renmark Paringa director of corporate and community services Tim Pfeiffer said it was an obligation of all councils to look after the needs of its residents.
“Unley Council is pretty certain it’s got the law on its side here,” Mr Pfeiffer said.
“There are laws council is directly responsible for implementing and enacting. This is a situation where Unley is pretty clear on the law it needs to enact.
“They’ve gone through the courts and they’re convinced they are right on the money with this one.”
Mr Pfeiffer hoped assisting the City of Unley and LGA would see Renmark Paringa Council receive similar support if needed.
“It’s the sector assisting the sector and comparatively it’s a small amount of money we’re talking about,” he said.
“We’re all in the same boat… it’s making sure that through precedent we’re all clear on how those laws are implemented.
“When Renmark Paringa Council needs assistance from a legal perspective, by helping out others they will ultimately help us out.”