Agenda item

Planning Application YR-2023/614 - Kingswood Drive (Road Reserve), Chirnside Park - Planning Report

Minutes:

SUMMARY

The proposal seeks to remove a single tree (River She Oak) which is sited on the road reserve of Kingswood Drive (abutting 8 Kingswood Drive), Chirnside Park.

A planning permit to remove the tree is required under the Clause 42.03 – Significant Landscape Overlay, Schedule 23 and under Clause 44.01 Erosion Management Overlay.

The application has been referred internally to Council’s Consulting Arborist, Environment Department and Geotechnical Engineer. Council’s Arborist has found that the removal of the tree is not warranted on the basis that there is no arboricultural reason.

Notice of the application was not required under Clause 52.31 – Local Government Projects, as the application has been submitted by a municipal council (Yarra Ranges Shire Council). 

The tree has been assessed as being a mature tree with a high amenity value and of a fair health.  The proposed tree removal is not supported when assessed against the relevant planning policy framework including Municipal Planning Strategy and the Planning Policy Framework, Zone, Significant Landscape Overlay and Particular Provisions of the Yarra Ranges Planning Scheme.

Therefore, it is recommended that a Notice of Refusal be issued.

In accordance with Governance Rule 58, Courtney Stewart and Byron Stewart spoke in objection to the recommendation included in the officer report.

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

Moved: Cr Higgins
Seconded: Cr Heenan

That Council resolve to approve Planning Application YR-2023/614 for Tree Removal at Kingswood Drive Road Reserve (abutting 8 Kingswood Drive), Chirnside Park and issue a Planning Permit subject to the conditions below:

1.         The development as shown on the endorsed plans must not be altered or modified (unless the Yarra Ranges Planning Scheme specifies a permit is not required) without the prior written consent of the Responsible Authority.

2.         The stump must be removed and the hole backfilled with compacted material to be slightly mounded so that water does not pond or pool to the satisfaction of the Responsible Authority.

3.         Within three (3) months of the tree being removed, two (2) replacement canopy trees must be planted within the Kingswood Drive road reserve, in accordance with the following requirements:

a)        At least one of the two replacement trees must be planted in the road reserve abutting 8 Kingswood Drive; and

b)        The second replacement tree may be planted in the road reserve immediately abutting and/or in reasonable proximity to 8 Kingswood Drive, Chirnside Park so as to provide a replacement street tree canopy to the local area.

Trees selected must be middle and/or upper storey trees from Vegetation Community 38 – Yellow Box Valley Grassy Forest – Middle Yarra (EVC 47) to the satisfaction of the Responsible Authority.

4.          This permit will expire if one of the following circumstances applies:

a)         The vegetation removal is not started in accordance with the conditions of this permit within two years of the date of this permit; or

b)         The vegetation removal and replacement planting is not completed in accordance with the conditions of this permit within four years of the date of this permit.

The responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of expiry of permit of the commencement date.

An extension of time to complete the development may be requested if:

·               The request for an extension of time is made within 12 months after the permit expires; and

·               The development or stage started lawfully before the permit expired.

NOTES:

The granting of this permit does not obviate the necessity for compliance with the requirements of any other authority, under this or any other Act, Regulation or Local Law.

The motion was Carried.

 

 

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