Agenda item

SUMMARY

This application for tree removal has been lodged following safety concerns raised by an adjoining property owner whose dwelling was impacted by a fallen tree from the subject land during the June 2021 storm event.

In response to those concerns, Council’s Arborist inspected 25 trees within proximity of the affected property.  Seven trees were deemed to pose an immediate risk and have been removed.  The report recommended the retention of a further eight trees.

At its meeting on 22 November 2022, Council passed a motion to give consent for the removal of those eight trees, subject to a planning permit application being lodged and issued. This application has been lodged to follow the decision to remove the additional eight trees.

Of the eight trees, four trees (Trees 3, 4, 8 and 22) require a planning permit under Clause 52.17 - Native Vegetation, Clause 42.01 - Environmental Significance Overlay Schedule 1 and Clause 42.03 - Significant Landscape Overlay Schedule 6.  The remaining four trees (Trees 16, 17, 19 and 21) are exempt under Clause 52.12 as they are within 10 metres of the dwelling on an adjacent property.

Two trees (Trees 8 and 22) are on a private land parcel between 134 Hereford Road and 15 Kookaburra Lane, and two trees (Trees 3 and 4) are in the Kookaburra Lane road reserve, east of 134 Hereford Road.

The application was advertised, and four letters of support have been received.

As is required by the Yarra Ranges Planning Scheme, the planning application has been assessed on arboricultural merit, and has balanced the findings based on the risk of failure (partial or total) posed by the trees against the broader environmental, landscape and amenity benefit that the vegetation provides.

Seven of the eight trees have been assessed as having a low risk of failure by two arborists working independently of each other.  The first arborist conducted the assessment on behalf of Council as the applicant, and the second undertook a review of the submitted assessment on behalf of the planning department. 

Each Arborist has determined that, with the exception of Tree 8, there is no arboricultural reason for the vegetation to be removed.  The trees have a high retention value, are at low risk of failure and have a long useful life expectancy. 

The removal is deemed to be inconsistent with the relevant provisions of the Yarra Ranges Planning Scheme, in particular both State and Local Planning Policy which seek to protect and retain ecologically significant, high retention value vegetation.

It is therefore recommended that Council resolve to refuse the application, and a Notice of Refusal be issued.

In accordance with Governance Rule 58, Vanessa Walton spoke in objection to the recommendation included in the officer report.

Cr Heenan moved a motion alternate to that printed in the agenda.