Anyone successfully challenged Council regarding removal of trees

Discussion in 'Development' started by samiam, 25th Mar, 2019.

Join Australia's most dynamic and respected property investment community
  1. samiam

    samiam Well-Known Member

    Joined:
    5th Sep, 2015
    Posts:
    2,130
    Location:
    on my way
    Just got DA approval for our ppor built. But Council wants us to retain 6 trees - We don’t like to have that many trees - nightmare with fallen leaves...
    Has anyone successfully challenged Council decision?? What is the procedure? Who is responsible if property get damaged by fallen trees ect??
    Our lot is only 800sqm in outer fringe, trees are non significant to be honest- gum trees
    :(:mad:
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,224
    Location:
    Sydney or NSW or Australia
    Maybe not to you but the birds, possums, bats & your dog may miss them.
     
    Brady, Propagate and Joynz like this.
  3. Kassy

    Kassy Well-Known Member

    Joined:
    21st Jun, 2015
    Posts:
    550
    Location:
    Canberra
    Have you had an arborist check them?
     
    MTR likes this.
  4. samiam

    samiam Well-Known Member

    Joined:
    5th Sep, 2015
    Posts:
    2,130
    Location:
    on my way
    Yes it was a mandatory and expensive ($3400) report
     
  5. TAJ

    TAJ Well-Known Member

    Joined:
    10th Oct, 2017
    Posts:
    1,214
    Location:
    Northern NSW
    Is it possible to remove the 6 larger trees and plant 6 smaller trees to your liking, reducing the impact of falling leaves. Council may accept this as a viable option.
    You won't know unless you ask.
     
  6. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,755
    Location:
    Melbourne
    Native animals, insects and birds need native trees. How big are the trees?
     
  7. samiam

    samiam Well-Known Member

    Joined:
    5th Sep, 2015
    Posts:
    2,130
    Location:
    on my way
    Our land got 30 plus trees (gum trees)- it is a new development area (H&L packages), almost all are characterless houses with no trees. Not sure why council wants to retain 6 trees in our block only...
    Most are gum trees, 40 plus years old, 8 metres tall
     
  8. TAJ

    TAJ Well-Known Member

    Joined:
    10th Oct, 2017
    Posts:
    1,214
    Location:
    Northern NSW
    OP stated they were Gum trees, so I feel they must be quite large if they see them as a potential problem.
     
    samiam likes this.
  9. Sackie

    Sackie Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    25,058
    Location:
    Vaucluse, Sydney.
    I had a tree in a really awkward location in the garden I had to retain one time for one of my devs. Council wouldn't let me cut it down. I don't know what happened to the tree but by the end of the construction I just couldn't seem to locate it any more.
     
    Hamish Blair and Brady like this.
  10. Propertunity

    Propertunity Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    3,476
    Location:
    NSW
    Gum trees are fine in the right place - in the bush. In the suburbs they drop branches on house rooves and cars AND people. They don’t get called “widow-makers” for no reason. Every time there is a storm and a tree comes down and takes out powerlines, you can bet your firstborn it will be a gum tree

    I dunno but I’m with @Sackie. I’ve seen gum trees in inappropriate locations suffer some terrible diseases, the main one being chainsawitis.
     
    Last edited: 25th Mar, 2019
    craigc, neK, lixas4 and 1 other person like this.
  11. kierank

    kierank Well-Known Member

    Joined:
    20th Jan, 2016
    Posts:
    8,414
    Location:
    Gold Coast
    Wouldn’t want to do that in our street in Brisbane!!!!

    Each block is covered by a VPO. For us, $80,000 fine without BCC approval.

    I have requested approval to have trees removed a number of times. On two occasions, they rejected my application. I objected to their rejection :D.

    One was a safety issue (gum tree wasn’t in good health and our concern was that it could fall on our main living areas, pool, ...). The other was that the tree was shading our solar panels and increasing our carbon footprint (I kid you not). Both objections were eventually overturned but it took time, hard work, persistence, innovation, ...

    I feel one’s success with objections with application rejections will be dependent on which Council one is dealing with but I don’t believe any Council will accept “nightmare with fallen leaves” as a valid reason to approve one’s application ;).
     
  12. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,755
    Location:
    Melbourne
    I’m surprised the OP bought a block with trees if they didn’t want trees! Why not just buy a bare block?

    Gums shouldn’t drop a lot of leaves at once (unlike plane trees) - however the one by my house does drop small bark strips.
     
  13. Sackie

    Sackie Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    25,058
    Location:
    Vaucluse, Sydney.
    You spend that a week on fine booz, fine dining and fine women. Chump change for you. :D
     
  14. Fabs

    Fabs Active Member

    Joined:
    19th Jan, 2018
    Posts:
    41
    Location:
    Sydney
    Did you have to change the design because of the trees, or were the trees in an area of the site that was not impacted by the development?
     
    Last edited: 26th Mar, 2019
  15. MTR

    MTR Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    27,853
    Location:
    My World

    Yes successfully challenged Council and removed 3 large trees.

    Got my town planner involved in this process, we had from memory 3 arborist reports.

    But the only reason we were successful was because of the condition of the trees which we were able to prove were poor and a danger.
    I am talking 150 year old oak trees.
     
    samiam and Sackie like this.
  16. bmc

    bmc Well-Known Member

    Joined:
    18th Oct, 2015
    Posts:
    1,123
    Location:
    Sydney
  17. Sackie

    Sackie Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    25,058
    Location:
    Vaucluse, Sydney.
    Brady likes this.
  18. samiam

    samiam Well-Known Member

    Joined:
    5th Sep, 2015
    Posts:
    2,130
    Location:
    on my way
    Just come to realise that it was not Council. It was our builder's sloppy submission without consulting us :mad::mad::mad: and Council just stamped it :(:(:(
     
  19. Handyandy

    Handyandy Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    651
    Location:
    Sutherland
    Use some of this on the grass around the trees

    GRAZON EXTRA HERBICIDE

    Conversely use lots of super phosphate as a lot of native trees do not tolerate high phosphate levels.

    They won't be gone for your development but withing a year they should all be very unhealthy and really you just tried to grow your lawn.
     
    samiam and Sackie like this.
  20. samiam

    samiam Well-Known Member

    Joined:
    5th Sep, 2015
    Posts:
    2,130
    Location:
    on my way
    could you do that with newcastle council?? ;)
     
    inertia and Propertunity like this.