Neighbourhood war erupts in Sydney’s glitzy eastern suburbs after a 100-year-old tree is cut down – so who do you think is in the wrong?

A century-old tree on the boundary of two multimillion-dollar homes has been chopped down, sparking a feud between homeowners in Sydney’s eastern suburbs.

The 100-year-old magnolia tree stood between a five-bedroom stately home and a semi-detached house in Waverley.

In a move that has sparked fury in the neighbourhood, the tree was chopped down without approval from the council. 

The tree had sat on both properties, with its trunk straddling both sides of the boundary and the dividing boundary fence stopping on either side of it.

David Thompson, the owner of the five-bedroom home, who lives overseas with his family in London, has been left ‘devastated’ by the tree’s removal.

Mr Thompson, who rents out the property to holiday makers via a luxury villa site, told The Sydney Morning Herald the tree provided privacy from his neighbours. 

‘We’re devastated by the sort of brazen nature of the environmental vandalism that has taken place, we’re horrified by it,’ he said.

But the homeowner behind the felling, Marco Fanuli, said the tree was removed in January due to safety concerns.

During the severe storms that battered NSW in the New Year, Mr Fanuli said branches from the 100-year-old tree fell and damaged the roof.

He told Daily Mail Australia: ‘The trunk of the magnolia tree was on our property and less than one metre away from our home. It was on a lean and towered over our roof.

‘After the intense storm in January that brought down lots of trees across Sydney, a number of branches fell on our house. 

‘They damaged our roof and caused us to fear for our safety living directly under such a large old tree.

‘While we urgently did what was necessary for our family’s safety after the storm, I did notify Council of our intention to remove the tree and submitted an official application the day prior. 

‘I understand it wasn’t enough time for formal approval to be given, however we felt the ongoing risk to our home was too high to wait.’

Mr Fanuli was fined the maximum available to the council while the company responsible for the felling were fined $6,000. 

Another neighbour, Maxwell Munro, said he was concerned the fine is not enough to deter others from removing trees in the future.

He said the ‘beautiful tree’ was ‘vital to the local ecosystem’.

‘Since its removal, we’ve noticed a decrease in birdlife – something that brings real joy to me, my family and no doubt many others in the community.’ 

Mr Fanuli has put his home up for auction later this month and the listing states the property has had a recently approved development application for a second storey.

Protection of the tree was reportedly a contributing factor in the council’s decision to approve the DA after an independent arborist report determined it was healthy.

The felling is the latest example of tree damage to spark fury within the local community following tree poisonings in Tamarama and Ashfield.  

A Waverley Council spokesperson said: ‘The penalty amounts are legislated by the NSW government and not Council. 

‘Council considered it unlikely that a more favourable outcome could be obtained in civil enforcement proceedings. If civil proceedings were commenced and found to be unsuccessful, Council would likely be liable for associated costs.’ 

Greater fines of up to $1million can only be handed out to individuals for culling trees if a council is successful in prosecuting a case in the Land and Environment Court. 

Speaking out on tree vandalism, Waverley Mayor Cr Will Nemesh said: ‘Enforcement mechanisms currently remain limited. Council at its April meeting considered and endorsed a motion formally calling on the State Government to increase fines for tree vandalism. 

‘I am committed to pushing for stronger action to deter tree vandalism and protect the local environment for our community.’