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October 17, 2024 15 mins

Carlene Timbs lost her husband Gordon 26 years ago, when a 30 metre gum tree crashed through their home. 

In this episode, she reveals how the defeat of the Greens in the recent local election, will hopefully spare anyone from the heartache her family has endured.   

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Episode Transcript

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Speaker 1 (00:00):
H heartshol Haven.

Speaker 2 (00:03):
I don't want to cut down every tree. It's not
what it's about. When you've lost the value to think
of human life for a tree, then you've lost your way.
You're only preaching ideological nonsense.

Speaker 3 (00:16):
So as I'm concerned, gooday, I'm Peter Andrea. On a
windy Winters nineteen nineteen eighty eight, the lives of the
Tims family changed forever. Forty eight year old father of two,
Gordon Tims, was killed as he slept in his bed
when a thirty meter gum tree flattened the family home.
Gordon Tims had been campaigning for years to shan Haven

(00:37):
Council that the tree was dangerous, but counsel did nothing
about it. Upon his death, the Tims family then took
legal action, and in April two thousand and four, the
New South Wales Supreme Court found shan Haven Council liable
for his death. It was only through that action Council
introduced what was called the forty five degree Tree Rule,

(00:57):
allowing homeowners to do their own removal of trees identified
as an immediate danger within a twelve month time frame.
Fast forward almost twenty years and the Greens hold control
in shoal Haven Council with their environmental agenda concerned about
the damage to native habitats, and the forty five degree
true rule was scrapped. There was no one more incredulous

(01:18):
or angry than Carleen Tims. The Widow of Gordon Council
meetings became a battleground, and ultimately the wash up was
at the recent local government elections when the Greens were
dumped big time. Now shall Haven councils knew me a
Patricia White is set to reinstate the forty five degree
true rule. Carleen Tims should be thrilled, but as you'll hear,

(01:40):
she feels as though it's a very hollow victory. Can
you explain what the forty five degree tree rule was?

Speaker 2 (01:48):
Okay, So, if you have a tree on your property
that is within an angle of forty five degrees of
any dwelling on your property, whether it's a shed, whether
it's your car port, and if it's within the forty
five degree rule, so you put your armor and do
forty five degrees from your say, your eve, and if

(02:10):
that falls within that forty five degree you were allowed
to remove that tree without council permission.

Speaker 3 (02:17):
And under the changes introduced by the Greens. What did
that limit you to?

Speaker 2 (02:22):
It could not remove a tree without so many regulations.
There was an applications to council, there was an inspection
by ourborists. There was reports to neighbors, five days notice
before the tree could be taken out, and you had
to notify all your neighbors. Yeah, it was just dollars
money wise to go into council and time and delay.

(02:44):
There was barely anybody could get a tree removed, whether
it was for limbs falling, whether it was the fear
of this tree of coming down. It was just a
time wasting, consuming time on the council's part to want
put all these restrictions on people. The forty five degree
rule was not broken. It was only broken because it

(03:07):
was an agenda on somebody else's platform. The forty five
degree had worked well for twenty years. I don't believe
it was ever abused, and there was no evidence or
proof that it was ever abused. If it was ever
a reason that people wanted to take the tree down,
it was for their own safety, and that had to

(03:28):
be the first rule we heard about. You know, animals, trees, canopies,
you know, never once did I see the greens or
the labor stand and count for human life? Where did
we lose that value in our society? You know, Gordon
fought to take these trees down. We had aid odd

(03:48):
trees on our property. We didn't want every tree taken down.
It was a tree that was going to affect his family,
his life, his home, and he fought to take that
down and was denied. And once into thousand and four
when the forty five degree rule came into council, they
did a lot of time and effort in to create
this that this did not happen to another resident and

(04:11):
it has worked well in that time. And then we
went to this they lost their ability to have the
right to remove a tree if they felt threatened by it.

Speaker 3 (04:20):
Sad and all of this came about from that tragic
night and that tree that Gordon had been complaining about
and was worried about.

Speaker 2 (04:31):
Absolutely, Yes, he'd been to council. They'd been out and
inspected the tree, told us that the tree was safe
on three occasions. And then we'd had him the July,
a great big branch had come down onto a family
friends car and that's the Gordon on again to go
back to council in the February of the year that

(04:53):
he was killed, and were told that the tree was safe,
but came down on the early hours of the morning
on the twenty ninth of July as Gordon lied in
there to.

Speaker 3 (05:01):
Sleep and you weren't there at that stage. But I
suppose when you got that message, obviously that the first
reaction would have been absolute horror and sadness, but as
well you would have been thinking, I told you so,
We told you this absolutely.

Speaker 2 (05:22):
It was just terrific when my mum and dad wouldn't
allow the police to come and tell me because I
was at with my sister at Marty Hospital in Newcastle
having cancer treatment and my mum wouldn't allow and my
dad wouldn't allow the police to come to tell me
what happened. It was my mum and dad that rang me.
It was just absolute, this belief that this could happen,

(05:48):
you know, it was if he hadn't fought so hard
for what he wanted and knew what was going to happen.
He used to joke to me and to the kids
and whatnot. So I'll find it in China if this
thing ever comes down, you know it was huge. It
went completely overtop of our house and every room in
the house had a branch in it. It wasn't something

(06:08):
that was small. It was twenty five meters high. It
took one hundred comed crane to lift that tree off.

Speaker 3 (06:16):
Gordon that even today it must be so hard for
you to remember back to then.

Speaker 2 (06:24):
Absolutely, but do you know you can remember to that
exact fearly when you do talk about it, because it
is so real. And that's the thing that I think
they all lost in their way of trying to delete.
And it was Mayor Finlay would put the first motion
up to delete the forty five degree rule. It's a

(06:44):
very real fear when you do fear a tree over
top of your home, that it may come down, a
branch comes down, whatever. That is really a real fear.
And never once did they take that into consideration. It
was always about this other You want to be fairies
and butterflies and unicorns and be green and environment. That

(07:05):
doesn't work when it becomes someone's life. And Gordon paid
the price with his life for that tree, and our family,
my family, my grandchildren, my extended family, we all live
with that every day of our lives. This never goes away.
This is the other half of my world is not there,
the other half of my children, the grandchildren. A lot

(07:28):
was taken away from us because of a tree. And
at the end of the day, the tree isn't worth
the life. It really isn't. I don't care what anybody says.
No tree is worth anybody's life.

Speaker 3 (07:43):
More soon of my conversation with Carling Tim's widow of
Gordon Times and the strength and resilience she's had to
make others understand while trees are good, human lives are
more important.

Speaker 1 (07:55):
I heartshall Haven.

Speaker 3 (08:02):
I'm Pete Andrea and my guest is Carleen Timms, whose
husband Gordon died when a thirty meter gum tree crashed
through the roof of their family home, killing him as
he slept. It's been a twenty year battle by the
Tims family against shal Haven City Council, especially when the
Greens held key control in recent time, but Carleen says

(08:22):
it all boils down to making human lives a priority
over trees. Twenty years on, we've got a Greens council
and all of a sudden this rule is moved on.
Did you sit back and think to yourself, your kidding,
what are they doing?

Speaker 2 (08:41):
Absolutely, I could not believe that it came up as
an emotion for Mayor Finlay put forward to delete the
forty five degree rule with the original motion, and then
there was such an outcry from residence community myself, and
that's where it started all over again, amended rules, this,

(09:01):
that and the other, backwards and forwards, people making deputations
that they continually hear chainsaws every day of their life
in Mollymook. Well, there mustn't have been a tree left
in Mollimok. It was just laughable, the excuses and things
that they had. You know, it was the animals, the
hollow logs, this, that and the other. But yet one

(09:22):
hundred trees could go out for a roundabout that were
built on Mossile Road. And I did count them, Tea,
I did count one hundred trees that were taken out
for one roundabout. So I guess the little animals and
things in their eyes didn't live in those trees or
were nowhere near them. No, that didn't affect them because
it wasn't their green agenda. It was only their green

(09:44):
agenda that they were peaking on. The forty five degree
rule that became a pet hate for the Greens and
the labor cancelors.

Speaker 3 (09:51):
This is when social media kicked in, when people rallied
behind you and put up social media posts. Did you
expect that sort of support and that sort of outrage
from the public.

Speaker 2 (10:02):
No, never, in my dream had started off, and it
was just amazing. It was people that people that I
didn't know, people that joined, people that you know stood
behind us, and people with the same stories that were
fighting council you know, two three, four, five years fighting
to get a tree down. It was the history repeating itself.

Speaker 3 (10:24):
Do you think that that's one of the main reasons
that the voters turned against the Greens.

Speaker 2 (10:29):
Yeah, I do believe that, and I think there is
a lot of disheartened of the way she'll Haven now
looks not being able to take trees down, people still
having trees go through homes, garages, destroying cars and all
the rest of it, and still beating their head on
a wall and got no reaction. The nonsense through Council

(10:50):
of Applications and things had become crazy and people were frustrated.
They were totally frustrated with it. So yeah, I do
believe their platform for the forty five degree rule that
they wanted to delete and everything actually.

Speaker 3 (11:03):
Worked against them, and then you had the Independence taking
on the Greens head on about this, saying that they
would repeal that law. Now that the process is underway,
how do you feel about that?

Speaker 2 (11:18):
Oh, that's great, that's great. I appreciate everything that Mayor
White has done in the time. And the counselors before
that are no longer on Council Mount. You know, you
can't just sit behind a desk and not listen to
the residents, and that's why there was such an outcry.

Speaker 3 (11:36):
I think now it is up for community consultation. Would
you hope it progresses through council quickly?

Speaker 2 (11:45):
Yes, very much. So if you want to put dollar
value on it, then it's had enough money, ratepayers money
spent on this rule that is not broken. Give the
residents back the security that if they feel that their tree,
if they don't, then it doesn't affect them. But if
you feel that that tree is unsafe, then you have

(12:07):
the right to take it away. They stop the nonsense,
let it go forward and let us move forward as well.

Speaker 3 (12:15):
And will you and your family now be able to
move forward? Do you think.

Speaker 2 (12:20):
Still too fresh? I think? But I think it's a
step in the right direction. I've been his voice and
advocated for residents safety that no other family did this,
and no other children, you know, sort of the I
have grandchildren now that never knew this man. We talk
about him, but they never knew him. There was a
life that was taken at forty eight.

Speaker 3 (12:42):
Have you had the opportunity in your mind to have
a chat to Gordon and say to him job done?

Speaker 2 (12:50):
I think that was the four am wake up this
morning with the cold sweat and the reality of it.
And yes, I do talk to him, Yes I do
fine strength from him. I do find his strength to
what he believed and we both believed for the safety
of our family. I think he'd be proud. I think
he'd be proud how strong we have stood. I don't

(13:12):
want to cut down every treat It's not what it's about.
I've been told by the mayor or the former mayor.
But I'm more likely to die of melanoma because I
want to cut down every tree and take the canopy
away from shall Haven. That is just a personal attack.
When you don't have anything of value that you can
work with, when you've lost the value to think of

(13:34):
human life for a tree, then you've lost your way.
You're only preaching ideological nonsense. So as I'm concerned, let
me tell you, in the twenty six years, it has
never been easy.

Speaker 3 (13:48):
We're very lucky to have a strong, caring team.

Speaker 2 (13:53):
I appreciate that. Thank you very much for that. That's
I do appreciate. That's lovely. And the friend that I
have now made out of this and arborous and things
that you had such support and things for the forty
five degree rule. What happened to them, you know, put
out of work because of things that were never even

(14:13):
really legal in amendments from a six plus one block
in the council. It's sad. You know what, At the
end of the day, I won't forgive them. I won't
forgive them.

Speaker 3 (14:26):
Well, a lot of water has gone under the narrow
bridge since the tragic death of Gordon Tims in nineteen
ninety eight. Karleen is living a meaningful life as a
doting grandma, but the undercurrent remains that those grand kids
never got to meet their granddad. As the paperwork goes
before Council to reinstate the forty five degree tree rule,

(14:47):
the new improved version will be a tribute to the
tims families determination to spare others a similar heartache. The
rule will then be known as the Gordon Tims forty
five degree tree Rule. That's iheartshal Haven, proudly supported by
the new South Wales Government. I'm Pete Andrea. Catch you
next time.

Speaker 1 (15:10):
I heartshual Haven.
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