Australia, Nov. 30 -- Victorian Civil and Administrative Tribunal issued text of the following judgement on Nov. 27:
1. This is an application for review by Mankaran Singh and Gursimran Kaur ('applicants'), under Section 77 of the Planning and Environment Act 1987 (Vic) ('the P&E Act') against the Whitehorse City Council's ('Council') decision to Refuse to Grant a Planning Permit (WH/2024/174) for the removal of one (1) native canopy tree (Eucalyptus Botryoides) ('Mahogony Gum') located in the front yard of the review site at 30 Dorothy Street, Burwood East ('review site').
2. The Mahogony Gum is positioned prominently in the north-west corner of the review site. The subject tree is shown circled red in the aerial photograph below (Figure 1). The subject dwelling and outbuilding (open carport) is positioned in the southern portion of the site (in a 'L' shape) with vehicular access to the site from a sealed crossover in Dorothy Street.
3. The subject tree has an overall height of approximately 20.0m, a canopy spread of approximately 20.0m and a single trunk circumference of approximately 2.8m, at ground level.
4. A recent photograph of the subject tree (taken by Council on 2 October 2024) is provided below. The applicant also provided similar photographs of the subject tree.
5. Council submits that removal of the Mahogony Gum would be contrary to the relevant landscape overlay controls of the Scheme. Council says that removal is not supported given the assessment of the tree's overall healthy condition and the important contribution it makes to the landscape character of the area in the Significant Landscape Overlay, Schedule 9 ('SLO9').
6. Council also submits that alternative solutions to keep the tree 'in situ' have not been fully explored or appropriately considered by the applicant.
7. The applicant does not agree with Council and submits that tree removal is necessary given the tree's poor structural condition, unacceptable safety risks arising from continuing limb failures of the tree and wider safety and infrastructure impacts (i.e. limbs falling onto power lines) to occupants of the review site and surrounding neighbours.
8. The applicants also lodged the following supporting documents:
* TMC Arborist Report dated March 13, 2024 ('TMC Report') - This report provides an analysis of the tree's health, structure, and risk level, and includes a Quantified Tree Risk Assessment (QTRA). The report concludes the subject tree poses an unacceptable risk.
* Photographic Evidence - Photographs detailing structural defects, fungal decay, and recent limb failures of the subject tree (included within submission) and videos attached from an arborist assessing the health of the tree.
* Petition from Local Residents - A signed petition from six residents of Dorothy Street who support its removal.
*Rest of the document and Footnotes can be viewed at: (https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2024/1127.html)
Disclaimer: Curated by HT Syndication.
