Can council over rule facts & logic

hi

I am wondering based on the following scenario.
Townhouse development, neighboring tree calculated SRZ & TPZ (structural root zone & tree protection zone) would encroach into proposed townhouse construction area.

If i were to have an exploratory root excavation assessment done, and it proved there were no roots in that area.
I would think that should eliminate any requirement to undertake sensitive construction techniques (stumps / waffle slab? = EXTRA COSTS$).

If i provide such a report to council.

Can council still request / stipulate in a planning permit that sensitive construction techniques be undertaken regardless of arborist root assessment report....

 

you would need to speak to the council first before exposing roots. you may need your own arborist to assess and watch while roots are inspected.

If there are roots there is a chance your within the "drip line" (under the branches) this may also be an issue, best to check with council tree inspector

 

We did this as part of getting a second crossover. Arborist dug a trench about 100mm deep and found no roots. No problems getting second crossover!

 

I need your arborist
In reality though even if roots were not seen in the OP case, council may say that the tree needs that space in the future as it grows to remain healthy?

 

If there is a "discretion" involved - i.e. a planning permit decision, then yes, the Council can ignore facts (they shouldn't but the officers can, and regularly do!) The recourse is VCAT. But hopefully you can use persuasion skills, evidence and fact to demonstrate to the officers that all is ok (and going to VCAT would be a waste). But remember the officers probably don't care...

 

Council can always do what they want. There is very little oversight of Council decision-making and VCAT will rarely criticise. But lets go back to first principles: It's the development that is encroaching on the TPZ/SRZ of the tree, not the other way around. So our job must be to protect ithe tree from harm. While TPZ encroachment of 10% is generally OK, encroachment into the SRZ is more serious and even if there aren't roots there Council Arborist will get very sensitive. Having a reputable private Arborist who has direct communication with the Council Arb is your best bet to avoiding onerous conditions.

 

A client doing a dev found that the sensitive tree zone was huge in their street. Real leafy and old trees. Council ordered the footpath and three crossing to kerbs and new guttering all had to be hand dug, hand poured with not even a truck within 15m of the trees.

Cost increase over the traditional machine dug etc method = $45K.

Appeal ? LOL. Council ignored the arborist report which said it could be carefully managed to avoid all harm. Hornsby NSW

 

Had similar issue, council said no roots >50mm. Paid an arborist to come in with their hydro vac to complete report.
And they found one 50mm and said permeable paving was required and few other conditions on the approval.
Could have fought the point that wasn't > was actual = but didn't want to take it further, paid for the extra paving didn't impact my slab as was alright.
Didn't actual even follow the other conditions, council sent me letter stating they hadn't been followed
I had assumed builder would have and builder assumed I would have :|

Conditions were along the lines of
- fencing around trees
- mulching around tree
- watering system
- employ a horticultural specialist/engineer to supervise

After letter, some very average fencing went up. To which the trades pretty much walked all over within weeks.

Building completed, trees are all fine.

 

I've got a project that's right by a Significant Tree with the townhouses incurring slightly on the TPZ at the moment.

We had an arborist review the plans, review the tree health and submit a report with the Planning Application stating that "tree damaging activity" would not occur if their recommendations (protective fencing, protective mulching, no trenching in the SRZ etc) were followed.

Council subsequently made these recommendations a condition of the planning authorisation.

I'd undertake a quick cost assessment of undertaking a hydrovac / root reveal (potentially identifying roots anyway) versus simply opting for screw pile foundations!

Triple check the draft arborist report for onerous conditions before it goes to council and ensure following the recommendations is allowed for in the build contract - our TPZ eats up quite a bit of the available space for framing lay down / deliveries etc

 

getting my arborist to do a root assessment 1st. His experience and legislative understandings are that if no roots are found in the TPZ (being a mature tree) then council have to abide by the findings and TPZ should be adjusted.

As there is only 1 TPZ measurement that fits all classes of trees across Australia, it is not really an accurate measure and indicative of all trees accurately, thus the root assessment should/can over rule 'said' TPZ as a more accurate measure