a) Clearly identify the Eucalyptus Melliodora - Yellow Box (marked as tree no. 1 as the tree to be removed) as the only tree for removal. > > b) Replacement and replanting as follows (unless another species is the satisfaction of the Responsible Authority): > > 1. One (1) tree, Eucalyptus Melliodora - Yellow Box, to be located in the front setback and setback a minimum of 3 metres from buildings on the site and adjoining properties and within an area of open ground clear of all hard surfacing, building structures and other tree canopies. > 2. Two (two) trees, Eucalyptus Polyanthemos - Red Box, to be located in the front setback and setback a minimum of 3 metres from buildings on the site and adjoining properties and within an area clear of all hard surfacing, building structures and other tree canopies.

Victorian Civil and Administrative Tribunal|2024-05-22

For the reasons given above, the decision of the responsible authority is set aside. A permit is granted subject to the conditions in Appendix A.

Removal of a tree specified in Schedule 2 of clause 42.03.

No trees or vegetation are to be removed until a replacement tree-planting plan has been submitted in a digital format to and endorsed by the Responsible Authority. This plan when endorsed will form part of this permit. This plan must:

a) Clearly identify the Eucalyptus Melliodora - Yellow Box (marked as tree no. 1 as the tree to be removed) as the only tree for removal. > > b) Replacement and replanting as follows (unless another species is the satisfaction of the Responsible Authority): > > 1. One (1) tree, Eucalyptus Melliodora - Yellow Box, to be located in the front setback and setback a minimum of 3 metres from buildings on the site and adjoining properties and within an area of open ground clear of all hard surfacing, building structures and other tree canopies. > 2. Two (two) trees, Eucalyptus Polyanthemos - Red Box, to be located in the front setback and setback a minimum of 3 metres from buildings on the site and adjoining properties and within an area clear of all hard surfacing, building structures and other tree canopies.

The replacement trees planted at a minimum height of 1.5 metres.

When approved, these plans will be endorsed and will form part of this permit.

The tree removal and replacement planting must accord with the endorsed plans and must not be altered or modified without the further written consent of the Responsible Authority.
Only the Eucalyptus Melliodora - Yellow Box marked "Tree to be removed" on the endorsed plan shall be allowed to be removed or destroyed.
Unless with the written consent of the Responsible Authority, the replacement planting is required to be completed within two (2) years from date of this permit.
The applicant is required to contact Council's planning enforcement officer in writing within three (3) months after planting to allow a site inspection of the new planting.
No other trees on site that are protected by the Whitehorse Planning Scheme may be removed, lopped or destroyed without the written consent of the Responsible Authority. All existing trees to be retained and trees required by this permit to be planted shall be maintained to the satisfaction of the Responsible Authority.
This permit will expire if the vegetation removal is not completed within twelve (12) months of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing in accordance with Section 69 of the Planning and Environment Act 1987 (Vic).

[1] The submissions and evidence of the parties and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the Tribunal's practice, not all of this material will be cited or referred to in these reasons.

[2] This list is summarised in the evidence statement. Images included in Figures 1, 2 and 3 are extracted from several of these reports.

[3] Image 6 in the statement of evidence.

Environment Act 1987

Sykes v Whitehorse CC [2024] VCAT 473 (22 May 2024)

Sykes v Whitehorse CC [2024] VCAT 473

At a glance

Court

Decision date

Source

Judgment (10 paragraphs)

Parties

Legislation Cited (1)

Cases Cited (1)

Sykes v Whitehorse CC [2024] VCAT 473 (22 May 2024)