Terms and Conditions for Permit 766/2009/10FP (16 York Street, Eltham)

The removal of one tree from the land (Desert Ash), generally in accordance with the endorsed plans.

1. Prior to the commencement of the permitted tree removal, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plans must show:
   1. The location and species of proposed replacement vegetation required by condition 5 of this permit.
2. The tree removal as shown on the endorsed plans must not be altered unless with the prior written consent of the Responsible Authority.
3. Except as specified in condition 4 of this permit, only that tree marked as a "tree to be removed" on the endorsed plans is permitted to be removed or destroyed, to the satisfaction of the Responsible Authority.
4. No other vegetation on site shall be removed, damaged, destroyed, felled, lopped or uprooted unless exempt under the Nillumbik Planning Scheme or with the prior written consent of the Responsible Authority.
5. A replanting program of a 3 to 1 replacement must be undertaken for any tree/vegetation removal from the subject site within 3 months of the removal of the tree hereby permitted to the satisfaction of the Responsible Authority. Two of the replacement trees should be indigenous species and of local provenance, and selected from the following:
   • Eucalyptus goniocalyyx (Long-leaved Box)
   • Eucalyptus leucoxylon (Yellow Gum)
   • Eucalyptus melliodora (Yellow Box)
   • Eucalyptus polyanthemos (Red Box)
   • Eucalyptus radiate (Narrow-leaved Peppermint)
   • Eucalyptusrubida (Candlebark).
6. This permit will expire if the tree hereby permitted to be removed under this permit is not removed within 2 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 three months afterwards.

[1] The Council thought that a second Desert Ash tree in the south-west corner of the property also required removal. At the hearing, Mr Reid clarified that this tree would not be affected by his proposed drainage works and therefore permission for its removal is not being sought. A third smaller Desert Ash tree close to the subject tree is of a size that does not trigger a permit requirement.

[2] Planning Permit 498/2007/14P issued in February 2008 and recently extended until 18 February 2012. Alternatively, the drainage works may be required to service an as-yet unapproved multi-dwelling proposal.

[3] At the hearing, Mr Paynter sought to be joined as a party to P903/2010, which was opposed by Mr Reid. I declined to join Mr Paynter as a party but I have however taken into account submissions he made about the subject tree in his capacity as an interested person.

[4] Reid v Nillumbik SC [2010] VCAT 100

[5] Planning permit application 259/2010/03P refused by Council on 12 October 2010.

[7] Report for Council dated 2nd March 2010 prepared by Nicholas Archer of A & R Tree Surgeons. Report for Mr Reid dated 4 February 2010 prepared by Robert Knott of Star Tree Services.

[8] Emails dated 4 and 12 March 2010 from Apia to Mr Reid.