A giant elm will continue its dominance of a public housing property in the Woden Valley after the government rejected an application by one of its own agencies to fell the tree.
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The decision to refuse the Housing ACT claim has disappointed Pearce residents Peter and Maureen Curran, who applied unsuccessfully to have the English elm in the yard next door cut down five years ago.
"It's bloody hopeless. It's going to be a jungle," Mrs Curran said.
"It's not only the tree, it's all the suckers that are going to cause damage to the house and all the yard."
After the Currans complained early last month, Housing ACT agreed to submit its own application to remove the tree, which is deemed regulated because of its height, width and circumference.
A Territory and Municipal Services spokesman said a qualified arborist from the directorate's tree protection unit assessed the tree on December 17 and found none of the legal criteria that would allow its removal were met.
"The tree is considered sound and healthy," he said.
"It was determined some minor pruning was required to remove deadwood and ensure that the tree did not interfere with powerlines."
The tree, more than 10 metres wide and estimated to be nearly double that height, provided shade for the entire width of the public housing backyard.
But Peter Curran, a retired plumber, said his own bath, shower and toilet had backed up in recent years due to the expanding roots, while one root created a hole in his concreted garage.
Mr Curran, who often helps the public tenant with mowing, said he was "fed up" with the problem, particularly when the conservator of flora and fauna had approved the felling of several elms to the other side of the Currans' property, now home to a set of five apartments, because they had been found to satisfy the criteria of "causing or threatening to cause substantial damage to a substantial building, structure or service".
Mrs Curran said the officials who visited before the decision never asked about the problems the tree caused to her home, garage or plumbing. She said the tenant remained away from the home this week.
A Community Services Directorate spokesman said Housing ACT relied on the advice of the qualified experts in TAMS in assessing the tree and had no plans to seek an internal review or pursue the issue further.
The Currans said they were considering whether to seek further reviews.
