Developer faces fines

Developers of a residential subdivision in Brandy Creek Rd, Warragul face thousands of dollars in fines after illegally removing trees from a road reserve.

Baw Baw Shire’s planning and economic development director Matthew Cripps described it as “environmental vandalism” and said council would be pursuing penalties.

“It is environmental vandalism and it’s unacceptable,” Mr Cripps said.

All works on the site have ceased until the matter is fully investigated.

The developer, South Eastern Homes, face a $1500 fine for each breach, which Mr Cripps said also could be imposed on every company director.

Disgruntled and angry residents quickly complained to the shire when trees were ripped out of the reserve by the developer of a 38-unit complex in Sutton St.

A planning permit issued for the development required the developer to reinstate trees in the reserve to restore a landscape buffer following removal of the vegetation.

But, Mr Cripps said the developers removed vegetation from outside the permitted site area.

“There are some blatant breaches in relation to the planning permit and local laws. A number of trees were required to be protected on the site,” he said.

Mr Cripps said a condition of the permit, issued in March last year requested amended landscape plans be endorsed by council before works began.

He said the investigation would look at whether a building permit had been issued prior to the works beginning or whether earthworks were outside what was considered the commencement of building works.

Mr Cripps said a planning infringement notice carried a $1500 penalty, which was applicable to each breach and could be imposed on every company director.

He said there were at least two or three breaches.

As part of the infringement notice, Mr Cripps said council could direct the developer to undertake certain works on the site.

He said council would direct the developer to reinstate mature trees within the road reserve.

Mr Cripps said council also would look at its own processes and what could be put in place to prevent and discourage such breaches in the future.

He admitted the current process was a “reactive response” to breaches.

He said council issued a planning permit and then a building surveyor would issue a building permit once all planning permit conditions were adhered to.

“One of our biggest risks is we have developers that will do things on weekends and council may not receive a complaint from residents for some days later.

“The conditions are in place to place the onus on the applicant,” he said.

Chief executive officer Helen Anstis urged residents to remain vigilant and report anything to council if they believed developers were acting outside planning conditions.

The permit issued to South Eastern Homes was to build 19 two-bedroom and 19 three bedroom units on a 1.4 hectare site opposite the Warragul Cemetery.

Brandy Creek Rd resident Allan Hall said trees and vegetation had been removed within three metres of the kerbside, which was council owned land.

“It is absolute mayhem what they have created out there,” he said.

The Gazette made attempts to contact the developer for comment about the works but was unsuccessful.