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VCAT

Ruling on Council Decision on Application to
Remove Trees in Oak Street

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VCAT
APRIL 2008 RULING
ON TREES IN OAK STREET, BEAUMARIS: The
degree of VPO3 protection to be enforced is first
decided by Council, but is subject to appeal to
VCAT.

VCAT overruled Bayside City
Council by allowing the removal of Trees 2 and 6,
but it did not accede to the requested removal of
Tree 5. This case shows the tree-by-tree
contention with Vegetation Protection Overlay
Schedule 3. Note the inconsistency in the arborist’s
description of the 3 trees in contention, which is
the anomalous absence from the description of Tree 5
of the phrase that appears in the description of
both Tree 2 and Tree 6, “This

tree is not indigenous to the Bayside area.” Also
strangely absent for Tree 5 is the phrase used for
Tree 6, “This tree is not native
to Victoria
…” The aborist’s description read,

“The
Council’s Senior Arborist inspected the site and
provided an assessment of the trees. With respect to
the three trees, none of which is indigenous to the
Bayside area, the subject of this application the
aborist stated:

Tree 2 –
Eucalyptus

botryoides. This tree is not indigenous to the
Bayside area. This
tree is native to Victoria. This tree has some
significance in the landscape, contributing to the
overall amenity of the tree canopy. The tree has
extremely poor structure and is entirely unsuitable
for retention in an urban environment. The tree has
habitat potential. Removal of this tree would enable
replacement planting.

Tree 5 –
Corymbia

ficifolia. This is a significant tree
that dominates the local landscape, and if retained
would minimise the impact of the other trees
proposed to be removed.

Tree 6 –
Grevillea

robusta. This tree is not indigenous to the
Bayside area. This tree is not
native to Victoria, this
tree has low significance in the landscape,
contributing to the overall amenity of the tree
canopy. The tree has extremely poor structure and is
entirely unsuitable for retention in an urban
environment. The tree has habitat potential. Removal
of this tree would enable replacement planting.”

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RETURN TO PAGE ON VPO3: Schedule
3 (Native Vegetation in Beaumaris and Black Rock)