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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)

 

 

Link to the Port Phillip Conservation Council Inc., of which BCS Inc. has been a Member Organization since 1970