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The Gauteng High Court ruled that City Parks should not be forced to cut down two trees, but the entity has since changed its mind.
Westdene resident Grant Culhane outside his home in Johannesburg, on 14 February 2025. He has been engaged in a four-year battle with the municipality over two trees outside his property Picture: Nigel Sibanda/The Citizen
Johannesburg City Parks and Zoo (JCPZ) will yield to a resident’s request despite winning a laborious three-year dispute.
Two trees outside the boundary wall of a house near Melville have been at the centre of a battle between the city and a family, which was seemingly concluded.
The homeowners took the matter all the way to Gauteng High Court, where their application to force the city to remove the trees was dismissed with costs.
To cut or not to cut
Despite having won the court battle in September, City Parks confirmed to The Citizen on Friday that it would now grant the residents their wish.
The Culhanes moved into their picturesque street in Westdene in 2020 and by December 2021 had received confirmation of their request to cut down trees that were damaging their boundary wall, driveway and front gate.
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The trees in question are an Acasia Monkey-Thorn and Yellow Fever Tree, which are known for their aggressive root systems.
The Culhanes were then told in February 2022 that the trees would come down on condition they planted 15 similar trees at their own cost.
The Culhanes appealed, but no outcome was relayed. The city then dug its heels in, arguing that there were no grounds to remove the 50-year-old trees.
Damage to property confirmed
In gathering evidence to present to the city, the Culhanes obtained four separate reports between 2022 and 2024 confirming the trees were damaging their property.
Two 30-page home inspection reports done two years confirmed increasing damage to the boundary structures and well as the verge and curb of the street.
A report from a security company confirmed the front gate and gate motor were being damaged, while an arborist’s report stated the trees were “growing in a confined urban space where their natural growth has exceeded the available area”.
The arborist noted the value of urban trees, but said they were causing irreversible damage and should be removed and replaced with more suitable trees.
“This is an instance where the wrong tree was selected for the available space, a common issue when people plant trees without sufficient consideration to what their mature sizes will be,” stated the report.
“While trees are indeed treasured for their environmental and aesthetic contributions, it is crucial to recognise when they pose a danger to property and public safety. In such cases, removal is the only feasible option to prevent further damage and ensure long-term safety,” the report concluded.
Trees valued at R500k
A February 2022 report from City Parks expanded on its reasons for not wanting to cut the trees down.
It said the healthy trees had matured, were located within their rightful place in the road reserve and showed signs that birds used them for nesting.
“JCPZ tree management policy clearly states criteria for tree removal and the trees in question do not meet the criteria,” stated the report, which also valued the trees at R500 000.
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The September 2024 High Court judgment agreed with City Parks, citing that no complaints were raised by the previous owners and that the trees had stood for decades.
“In this case, I am satisfied that the respondents exercised an administrative decision regarding the alleged impugned decisions of December 2021 and February 2022,” read the judgment.
“The respondents as the arms of local sphere of government acted in accordance with the provisions of the legislation and by-laws in providing the decisions taken.”
City Parks concedes
The drawn-out dispute now seems all for nought. City Parks confirmed its unexpected turnaround this week, but called for the protection of Johannesburg’s urban tree canopy.
“After robust debate and careful consideration, JCPZ has reluctantly approved the felling of the street tree,” City Parks spokesperson Jenny Moodley confirmed to The Citizen.
“This decision was not made lightly, and we strongly urge residents, developers, and business owners to incorporate existing trees into their planning and renovation projects,” she said, adding that unauthorised removal of street trees could come with a fine exceeding R300 000 per tree depending on the species.
Moodley said the entity is concerned about the decline in Johannesburg’s urban forest, citing the rise in unauthorised removals, the invasive Polyphagous Shot Hole Borer and the natural ageing process.
“Imagine a Johannesburg without trees — extreme heat, deteriorating air quality, diminished biodiversity, and a loss of the natural beauty that makes our city unique,” she said.
Grant Culhane described the news as “bittersweet”, lamenting the R250 000 spent on legal fees and reports, as well as the R150 000 cost order from the High Court.
“We’re honestly astounded by this complete turn-around. We can’t understand why we were met with such resistance,” said Culhane.
“Them agreeing to the removal so easily just proves they have wasted our time and money for the last few years,” he concluded.
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