BRANCH LOOPHOLE

Developers use loophole to clear vegetation

DEVELOPERS and property owners are exploiting a legal loophole allowing them to destroy heritage trees. It concerns removing vegetation “within 1.5m of a property boundary fence, or proposed property boundary fence without a development approval”. The problem has got to a stage where councillors are now taking out protection orders on trees to try to save them.

DEVELOPERS and property owners are exploiting a legal loophole allowing them to destroy heritage trees.

A report to council has revealed developers can remove a tree by relying on “acceptable development requirements” prior to major work on a site.

It means vegetation can be cleared “within 1.5m of a property boundary fence, or proposed property boundary fence without a development approval”.

Councillors discovered the loophole in the process of trying to save a Norfolk Island pine damaged at Burleigh Heads. They made the rare decision to make a vegetation protection order (VPO) after the second largest historic tree at the beachside suburb was damaged outside a site earmarked for development in Second Avenue.

Photographs taken by the Bulletin show branches have been removed from the Norfolk Island pine and damage to the tree’s roots.

The Burleigh row occurs as a new study confirms the Coast needs more trees to cope with global warming. A stunning loss of cover has occurred in northern development suburbs, showcased by the massive clearing of a site next to the Nerang My Centre shops this week.

To ensure the Burleigh Heads tree was protected, officers said a VPO was “urgent”.

The Bulletin asked council to explain the law and was told the City Plan’s Vegetation Management Code regulates clearing around property boundary fences.

The code includes provisions around maintenance or construction of a property boundary fence which allows vegetation to be cleared within 1.5m of fencing for land parcels less than 4000sq m in size.

“If not already present, the boundary fence must be constructed within 21 days of the damage to vegetation,” a council spokesperson said.

The council can protect the tree through a VPO but officers would need to be aware of any damage to vegetation during meetings in the lead-up to a development application.

Residents or concerned locals could make a complaint to council, but that might occur after the damage was done. Asked about the health of the Norfolk Island pine given foliage was removed and its roots damaged, the council spokesperson said: “City officers are currently assessing this.”

Despite the VPO, the tree can still be removed and its future depends on submissions from the public and developers with a recommendation to be voted on by councillors.

“Public notification has commenced and written submissions can be made to council for the next four weeks,” the council spokesperson said.

The National Trust’s Register of Significant Trees notes that Norfolk Island pines located at The Esplanade at Burleigh Heads were of “regional significance”.

A check of planning applications shows no documents lodged yet for the site which has older residential units.