City Parks reverses decision to remove trees outside home near Melville

Johannesburg City Parks and Zoo (JCPZ) have done another u-turn involving a request to cut down two trees in picturesque street near Melville.

A family has spent years fighting the entity to have an Acasia Monkey-Thorn and Yellow Fever Tree removed due the damage they are causing to the boundary wall, driveway and curb.

U-turn on a u-turn

JCPZ had seemingly settled the argument in September when the Gauteng High Court dismissed with costs an application by the Culhanes to force the entity to remove the trees.

However, JCPZ stated in February that they would agree to the request, with the Culhanes lamenting the R400 000 spent on legal fees and comprehensive reports to substantiate their claims.

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Less than a month later, JPCZ informed the family and The Citizen that the entity would instead be sticking by the courts ruling.

“JCPZ would like to confirm that there was a judgement in favour of the trees in front of the Culhane home being retained,” said entity spokesperson Jenny Moodley.

“JCPZ has had further site inspections and will abide by the outcome. This is critical to ensure that a precedent is not set to remove healthy valuable street trees in the city,” Moodley explained.

Moodley told The Citizen that the February’s communication stating that the entity would yield to the Culhane’s request to cut down the trees was based on miscommunication within the department.

JCPZ have apologised to the Culhanes for the confusion, insisting they were committed to revisiting the request periodically to ensure that the street trees do not pose any immediate risk.

JCPZ criteria already met

JCPZ contacted the Culhanes on Friday, with the family quickly disputing the reasoning provided by the entity.

While the court dismissed the Culhanes’ application, the judgement did state that the trees could be removed subject to them being replaced with more trees.

This is in line with JCPZ’s initial offer that they would remove the trees if 15 others were planted as replacements, but at the Culhanes’ cost.

Furthermore, the Culhanes argue it has already been determined that the trees pose a danger and meet the city’s criteria for removal.

“As damage has been verified by your colleagues on behalf of JCPZ, it is evident that the removal of these trees is consistent with your policy on tree management, which states that trees are to be removed if they present a threat to human life or property, or if the tree has died,” stated the residents’ reply to JCPZ’s most recent notification.  

Having thought the “bittersweet” battle had come to an end, the Culhanes will now resume their seesaw argument with the city.

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