Matser v Glen Eira CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

05/09/2022

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Urban Planning

REVIEW TYPE

Merits review

SUMMARY

The applicants lodged an application to review Glen Eira City Council’s decision to grant a planning permit to construct three, two storey dwellings at 35 Brett Street, Murrumbeena.

“The application requires the removal of a large Liquidambar in the street and in the frontage to accommodate the development. Therefore, broader issues relating to climate change were raised. The PPF at Clause 13.01-1S has an objective to minimise the impacts of climate change through risk-based planning. Council and the applicants highlighted that the importance of trees and vegetation is reflected in several adopted strategies including The Glen Eira Urban Forest Strategy (2021) which sets out goals to increase tree canopy cover across the municipality. They also referred to Our Climate Emergency Response Strategy 2021-2025 that outlines Council’s response to the declaration of a Climate Emergency in May 2020. The strategy highlights the importance of new developments providing appropriate landscaping and canopy cover.”

“I acknowledge that retention of canopy trees is an important component of the neighbourhood character policy in MCA and also forms part of an overall response to climate change. I inspected the street tree on my site inspection and agree with the applicants that it is a mature specimen that contributes to the landscape character of this neighbourhood. However, I note that removal of the street tree in the nature-strip is within the remit of Council but acknowledge that construction of the two crossovers also necessitates the removal of this tree. I accept Council’s Parks Service Department assessment that the tree has insufficient room for root growth and is exhibiting signs of the onset of senescence. I therefore consider that removal is acceptable as Council says that suitable replacement street tree planting will be required as a condition on the permit. This is in accordance with its climate and Urban Forest Strategies.”

CASE DOCUMENTS

Matser v Glen Eira CC [2022] VCAT 1120