The immediate fate of a giant oak tree under threat from development in Footscray could rest with the state planning minister after Maribyrnong Council requested an interim protection order as the significance of the tree is assessed.
However the developer who wants the tree removed has moved to pre-empt any decision, ordering a chainsaw attack on the trunk on Saturday afternoon.
Star Weekly last week reported that work has started to remove a giant oak tree that has been growing on a Hyde Street property since the late 1800s.
About a third of the canopy has so far been removed, on the order of owner of property that contains the tree’s trunk in a rear corner.
Neighbouring residents are fighting against the removal of the tree, refusing the arborist undertaking the works access to their properties.
They have collected more than 550 signatures on a petition calling for Maribyrnong Council to establish a Significant Tree Register to help protect other trees from a similar fate.
Neighbour Lesley Walker said rain and sunshine such as that experienced in recent days usually has the tree sparkling, but the leaves are already drooping.
She now hopes the destruction of the tree can be a catalyst for better laws, regulations and planning in Maribyrnong.
Ms Walker and neighbour Leanne Webb used question time at last Tuesday night’s council meeting to press home the need for urgent action.
The council’s planning services director Nigel Higgins told the meeting it is “a beautiful tree and incredibly high quality” and that the council is disappointed it has been damaged and remains under threat.
Katie Hall, the Labor candidate for Footscray in next year’s state election, called on the council to request the planning minister consider placing an Interim Environmental Significance Overlay to create a ‘tree root protection zone’ on surrounding properties.
Mr Higgins wrote to neighbours on Thursday informing them the request had been lodged with the minister and a decision would be made pending receipt of a report by an independent arborist that is expected in coming days.
“The Environmental Significance Overlay means that any proposed buildings and works within the tree protection zone, or significant pruning, lopping or removal of exceptional trees, must be considered in the planning permit application process,” the letter states.
“The interim amendment, if approved, is sought to ensure that Council can consider any proposed impact on the tree until the proposed Environmental Significance Overlay is formally considered through a Planning Scheme Amendment process while will include exhibition and consideration of submissions.”
The council, however, remains powerless to intervene in any attempts to harm or remove the tree until the planning minister considers the merit of the application.
A spokesman for Mr Wynne said the situation is a timely reminder for local councils that they have to do the necessary work to protect heritage, including trees.
“The Minister for Planning will consider any requests on its merits, but the Government cannot bail out councils who haven’t done their job.”
