2016-04-19 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                   19 APRIL 2016


The appellant states:
      the removal of 30% of the canopy of Tree 1 is warranted because the branches
        overhanging the residential area are:
        o    Creating a risk to people and property
        o    Contributing to bushfire fuel on ground and in gutters
        o    Causing the trunk to interfere with the fence
        o    Creating a physical conflict between the canopy and adjacent buildings
        o    Creating shade
        o    Creating root conflict between the paving and retaining walls.
        and
        o    The pruning is consistent with the fire management plan
        o    The fire management plan requires the subject trees to be pruned.
        o    The pruning will not impact on the local koala population nor cause a notable impact
             on available food and habitat.
        o    The pruning is consistent with the terms of the covenant.
      The pruning of the Tree Group is warranted because:
        o    The tree group was planted as part of the restoration plan and are preventing
             groundcover and lower storey establishment.
        o    The establishment of groundcover and lower storey vegetation will stabilise the bank.
        o    The pruning is consistent with the fire management plan.
The Council assessment to date has included detailed consideration of the grounds for interfering
with the covenant vegetation and staff remain firmly of the view that the conditions issued are
warranted and reasonable. It is in order for the Council to defend the appeal and the
recommendation is worded accordingly.

Previous Council Consideration
Not applicable.

Finance & Risk
There will be costs for Council involved in defending the appeal and it is premature to advise on
the appeal prospects at this stage.

Consultation
External Consultation - Community & Stakeholder
Legal advice has been received from Council’s solicitor.
Internal Consultation
Nil
Departments/Sections Consulted:
      Chief Executive Officer                    Community Services                 X   Corporate Services
      Executive Officer to the Mayor & CEO       Community Facilities               X   Financial Services
      Executive Support                          Community Development                  ICT
                                                 Libraries & Galleries                  Procurement & Fleet
                                                 Local Laws                             Property & Facilities
                                                 Waste & Environmental Health           Revenue Services

      Executive Office                       X   Planning & Infrastructure
      Community Engagement                       Building & Plumbing Services
      Customer Service                           Civil Operations
      Economic Development                       Infrastructure Planning & Design
      Governance                             X   Planning & Environment
      Human Resources                            Strategic Land Use Planning
      Sustainability



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