Glen Eira Debates

Council is proposing a new Local Law designed to protect not only SIGNIFICANT trees, but also canopy trees on private property which qualify under height and width criteria. This is certainly an improvement and should protect more existing trees. However, how many existing canopy trees will actually be covered by the proposal(s) depends to a large extent on how well the upcoming Local Law is written and what is its true intent. What also needs to be considered is to what extent all decisions will be fully transparent and who will make these decisions. Will it be left entirely in the hands of officers, or will councillors have the final say as in numerous other councils on which permit applications are granted or refused?

The officer’s report includes the following paragraphs on this last point:

The above is very ambiguous. We are told that officers will presumably undertake the initial assessment when there has been a permit application, and this is fair enough. The final paragraph however clearly states that there will be an ‘internal review process’ but only for those applicants who have requested a review. Thus, if a permit has been granted, then there is no need for a review! Officer’s will have made the decision and that’s the end of it with no councillor involvement, or no objection rights by anyone it would seem.

The paragraph continues that a report will be prepared but this is dependent on whether or not the applicant has chosen to seek a review as stated previously. What remains unclear is whether the officer report will also cover applications that have been granted a permit ‘internally’ and whether the tabled report is there simply for ‘noting’ or for councillors to make actual decisions? Even with the existing significant Tree register local law, councillors are sidelined and all decisions are made by officers. There is therefore no transparency and no accountability for decision making. We suspect that the proposed new law will be the same. Surely the onus on council is to clear up any ambiguity  and to ensure residents that trees will be fully protected.

There are other issues with the proposals as well. Here is our take on these:

Clause 2(b)of the proposed Local Law states that a permit is required to prune or direct, authorise or allow to be pruned a Classified Tree or a Canopy. But we then get the ‘exemption’ that this clause does not apply if Council is notified within five (5) working days of the commencement of the pruning.

 This may sound quite innocuous, but it has major repercussions. Why the 5 days grace? Most pruning would be concluded well within 5 days. If an applicant then calls council and says ‘I’ve pruned my tree’ what evidence exists that the pruning was in accordance with the 10% maximum reduction of canopy allowed? What evidence do we have that the branches were less than 10cm in width?

Bayside, by contrast, has processes that would ensure the pruning is done legally. They insist on:

• Photos taken BEFORE and AFTER
• That the work be done by a qualified arborist
• That the arborist has to sign off by certifying the work done.

NONE of the above applies in Glen Eira!!! This leaves a huge loop hole that can easily be taken advantage of.

Compounding the problem we then get this additional clause regarding pruning:

Subclause (2)(b) does not apply to pruning, which is carried out to the following specifications—

(a) up to a maximum of 10% of the Classified Tree’s or Canopy Tree’s total volume within 12 calendar Months

We assume that this means there can be numerous episodes of lopping throughout a 12 month period. But given that no permit is required we again lack evidence that only 10% has been lopped? Nor are we told whether or not each lopping requires council to be notified – even within the 5 day period.

One other change to the current Local Law is also worth commenting upon. Please read the following carefully:

Questions abound. Consider this scenario – No permit has been applied for. A neighbour complains to council  that a large canopy tree is being removed next door. According to the current Local Law, the property could be entered by a council officer and inspected. With the proposed new law, this could only happen if the owner of the tree has ALREADY APPLIED FOR A PERMIT. If he/she hasn’t, then they the new law does not provide them with the power to investigate and potentially call a halt to the tree removal!

CONCLUSION

Whilst these proposed changes are definitely an improvement and an attempt to protect our existing canopy trees, they simply do not go far enough. We fully accept that there may be situations where a tree presents a major health risk due to storms, etc and should be lopped/removed in the name of safety. But, there are far too many loopholes in the proposed new law that can be exploited. All that is required is that clauses such as Bayside and other councils have is included and that the essential role of monitoring evaluations occurs by councillors. What role councillors will play needs to be spelt out clearly. This has not been done.

Leaving everything in the hands of officers does not engender full transparency and accountability in decision making. Bayside for example also publishes on a regular basis a list of permits granted for the removal of trees. There is nothing in this proposed law which will ensure that decisions on whether to refuse or grant a permit will ultimately be made in the full council chamber so that all residents can see and listen to the evidence.

ONE FINAL POINT. All of the above of course is dependent on whether a planning permit for the site has been granted. The permit could and often does include permission to remove existing trees. Given that planning permits are largely decided by officers and that at least 15 objections are required before the application can go to council, this again places enormous power in the hands of officers.