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austlii:tas/TASRMPAT/2008/176
appellant. Decision of the Tasmanian Heritage Council appealed against is varied by replacing it with a permit incorporating conditions for replacement tree planting and a two-year validity period; each party...
2 cited instruments linked from this judgment.
This is a procedural decision where the Resource Management and Planning Appeal Tribunal approved an agreement between Southern Cross Care and the Tasmanian Heritage Council about removing a pine tree. Instead of holding a full hearing, the Tribunal held a conference where the parties agreed that the tree could be removed if replaced with a magnolia tree meeting specific requirements, and if work started within two years. The Tribunal approved this agreement because it was satisfied it had the power to do so and that the agreement was appropriate. The parties were each to pay their own legal costs unless one of them applied for a costs order within 14 days.
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CITATION: Southern Cross Care (Tas) Inc v Tasmanian Heritage Council [2008] TASRMPAT 176
PARTIES: Appellant - Southern Cross Care (Tas) Inc
TITLE OF TRIBUNAL: Resource Management and Planning Appeal Tribunal
1. As a result of a conference pursuant to Section 17 of the Resource Management and Planning Appeal Tribunal Act 1993 held on the 26 June 2008 at Hobart, agreement was reached between the parties as to the terms of a decision of the Appeal Tribunal and the terms of that agreement were reduced to writing and were signed by the parties and given to the Appeal Tribunal.
2. The Appeal Tribunal, being satisfied that a decision in the terms as agreed by the parties would be within the powers of the Appeal Tribunal and would be an appropriate decision, makes a decision accordingly without holding a hearing.
3. The decision of the Appeal Tribunal is that the decision of the Tasmanian Heritage Council (the 'Council') appealed against is varied by replacing it with a permit incorporating the following conditions:
1. The Monterey Pine (Pinus Radiata) to be removed will be replaced by an evergreen Magnolia Grandiflora to be selected by a suitably qualified Landscape Architect, and planted in the location shown on the conceptual Planting Plan. This tree is to be advanced and a minimum of 4m in height on planting. It is to be irrigated and fed to provide the optimum conditions for its earliest growth to its full height.
REASON TO CONDITION
To provide a green setting to the original convent building so that the parkland landscape for the forecourt area will be screened from the suburb and new development behind the convent building. Further, to provide a landmark presence in the area to replace the tree to be removed. To conserve the landscape heritage values of the place.
2. This approval is valid for a period of two years from the date of this notice, at which time the approval will lapse unless substantial commencement has occurred.
REASON FOR CONDITION
To ensure that future works take into account the heritage values of the place at that time.
4. It is directed that the Council issue a replacement permit incorporating the above amendments.
5. The Tribunal will entertain any application for an order for costs in this appeal, if made to the Tribunal in writing with supporting submissions within the next fourteen days. If appropriate the Tribunal will reconvene to hear any evidence in respect of any matter bearing on an order for costs.
6. In the absence of any such application for an order for costs the order of the Tribunal is that each party bear its own costs.
Southern Cross Care (Tas) Inc
Tasmanian Heritage Council [2008] TASRMPAT 176
Decision of the Tasmanian Heritage Council appealed against is varied by replacing it with a permit incorporating conditions for replacement tree planting and a two-year validity period; each party to bear its own costs in the absence of any application for costs within 14 days.