Council steps up action against tree man

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The City of Gosnells has stepped up its action against Thornlie "tree man" Richard Pennicuik, threatening to take him to court unless he comes down from the tree.

In a letter sent by its lawyers, the council has said it intends to cut down the Hume Road tree and warned that Mr Pennicuik would be charged with causing an obstruction if he has not come down by the time the lopper arrives.

A council spokesman confirmed this morning that if Mr Pennicuik still refused to come down it would prosecute him through the courts.

However "there is no fixed date" on when it intends to remove the tree.

It is understood Mr Pennicuik could be fined $5000 and $500 for every day he breaches the order to come down.

Mr Pennicuik has been living in the eucalyptus melliodora since December 7.

This morning Mr Pennicuik vowed to carry on his fight.

He said the legal threat was overkill and evidence of the council "throwing its weight around".

“I haven’t done anything wrong,” he told 6PR. “They want to make a lesson out of me to the public – if you stand up to the guys in Gosnells council, this is what you’ll get.

“I mean, the council destroyed the amenity of the whole of Hume Road OK by cutting down 19 magnificent gum trees.”

Gosnells mayor Olwen Searle said subsequent requests from Mr Pennicuik through his lawyer John Hammond to save neighbouring trees effectively annulled the council's three month moratorium, which was due to expire later this month.

"The city has waited three months for the protestor to respond to its invitation for independently mediated talks at a neutral venue," she said.

"The only formal response has been made through a lawyer which has added to the conditions for the protest to end including the building of a permanent barrier around the tree."

Ms Searle said the tree was dangerous and claimed there had been 20 "catastrophic failures" of that species of similar age in the past five years.

But Mr Hammond said the council's approach was "extremely heavy-handed" as Mr Pennicuik was prepared to talk to them about "peaceful solution".

"To start saying that the full weight of the law should be applied is draconian, it's just going too far," he said

Mr Hammond, who is in Busselton for a court case, said he had not seen the letter but it could be challenged on legal grounds.

Last month the Heritage Council has rejected an application by Mr Pennicuik to have the tree outside his home heritage-listed.

Council executive director Graeme Gammie said the State Register of Heritage Places was reserved for places of significant cultural value to WA and the eucalyptus melliodora Mr Pennicuik was staying in was not rare as a verge tree in Australia.


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