General News
27 April, 2026
Tree fight all over
FRESH concerns have been raised over Cairns Regional Council’s handling of a controversial removal of a Freshwater raintree, with a community member accusing the authority of flawed decision-making and misuse of public resources.
A letter sent on 14 April 2026 by resident Simon Warne to the council’s lawyers outlines a series of allegations regarding the approval for the removal of tree (above right) at 51 Old Smithfield Road.
Mr Warne claims the assessment process relied on incomplete and inadequate information, including “reliance on an arboricultural assessment that does not properly engage with the planning intent of retaining healthy and significant vegetation”.
He also alleges there was “the absence of any qualified structural engineering evidence” to support the removal and “a failure to establish, through cadastral survey, the true location and ownership of the tree”.
The letter states that the tree is now understood to be “substantially within the public domain” and argues that there was no meaningful consideration of alternatives to retaining it.
Mr Warne said the matter raised “serious questions as to the integrity and robustness of the assessment process”, particularly given that the approval and legal defence were funded by ratepayers.
He also highlighted what he described as an imbalance in resources between the community and the council, noting the appeal against the approval had been discontinued due to financial constraints.
“Despite the substantive issues raised, the appeal has now been discontinued by the affected party, solely due to financial constraints,” he wrote.
The letter warns that the continued defence of the approval could have reputational consequences and may undermine public confidence in the planning system.
Mr Warne urged the council’s legal representatives to provide “careful and frank advice” on whether its position is tenable and whether continued reliance on the approval can be justified.
The dispute forms part of broader legal proceedings involving Cairns Regional Council and Linda Tracey Earl in the Planning and Environment Court.
The Freshwater Raintree Action Group and community members are expected to continue raising concerns as the matter progresses.
A Cairns Regional Council spokeswoman said the removal of the raintree at 51 Old Smithfield Road, Freshwater, was approved with conditions on 6 November 2025.
The spokeswoman said the Freshwater Raintree Action Group subsequently appealed the approval in the Planning and Environment Court.
She said the group’s appeal to the Planning and Environment Court had been withdrawn.
“Council considers this matter is now closed.”
