Victorian Civil and Administrative Tribunal|2015-02-25

For the reasons explained above, the decision of the Responsible Authority is set aside. A permit is issued subject to conditions.

Removal of the Eucalyptus melliodora which is located 1.6 metres from the north-east corner of the existing dwelling.
Removal of the Eucalyptus goniocalyx which is located 5 metres from the southern façade of the existing dwelling.

The development permitted by this permit must not commence until a satisfactorily detailed landscape plan is submitted to and approved by the Responsible Authority. The landscape plan must be prepared by a person suitably qualified or experienced in landscape design and must include:

The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout the site. 2. A plan notation indicating that no building works or facilities are to be provided within the dedicated landscape areas.

Provision of replacement planting for vegetation that is to be removed including a minimum of two (2) large canopy trees (mature height of at least 12 metres) planted at a semi-advanced state (minimum pot size 40 litres) and two (2) medium canopy trees (mature height of at least 8 metres) planted at a semi-advanced state (minimum pot size 16 litres) planted throughout the site and planted in accordance with Banyule City Council Tree Planting Zone Guidelines, January 2011.

An indigenous and/or drought tolerant planting theme.
Within three (3) months of the removal of the trees allowed by this permit, replacement planting and landscaping works as shown on the endorsed landscape plan must be undertaken to the satisfaction of the Responsible Authority and thereafter maintained to the satisfaction of the Responsible Authority.
Except with the further written consent of the Responsible Authority, no vegetation (other than indicated on the endorsed landscape plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.
This permit will expire if one of the following circumstances applies:
- (a) The works are not started within 6 months of the issued date of this permit.
- (b) The works are not completed within 3 months of the issued date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

[1] I have considered the submissions of all the parties that appeared, all the exhibits tendered by the parties, and the statement of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons.

Maden v Banyule CC [2015] VCAT 178 (25 February 2015)

Maden v Banyule CC [2015] VCAT 178

At a glance

Court

Decision date

Source

Judgment (8 paragraphs)

Parties

Cases Cited (1)

Maden v Banyule CC [2015] VCAT 178 (25 February 2015)