Greater Dandenong Council is exploring “all options” to save 25 river red gum trees earmarked for more townhouses in Yarraman Village estate.
Recently, VCAT found largely in favour of the estate’s developer The Village Building Company, which sought an extra nine townhouses to the 158-dwelling site at Hanna Street, Noble Park.
VCAT Senior Member Geoffrey Code amended the application, approving eight of the proposed townhouses to protect the largest of the 26 river red gum trees in the north-east parcel next to the Eastlink tollway.
He found sufficient public open space was retained in land next to Mile Creek – equivalent to 11 per cent of the site.
The “biodiversity impacts” of removing the trees weren’t in “serious” dispute, despite river red gums having “local conservation significance”.
City planning, design and amenity director Jody Bosman said the council was in “discussion with its legal team”.
“We will explore all options open to it in trying to save this significant vegetation and to retain the open space as was endorsed in the original permit and subsequently agreed to by the developer.
“Council is extremely disappointed that the developer has changed their mind, and disappointed with VCAT that it has agreed to the removal of these trees in this latest appeal.”
Mr Bosman said the council had “fought very hard” to retain the vegetation for many years and shared the community’s frustration.
“Since 2015 when first approached by the developer, Council has consistently opposed the removal of these 26 river red gums and its position in this regard has been made clear to both the developer and VCAT.”
In the VCAT decision, it was noted the council had issued a subdivision permit in November 2017 that included the “townhouse land” as within ‘Lot S7’ instead of public open space.
“The Council could have ensured the creation of POS (public open space) if it had certified an amended plan showing Lot S7 as POS,” Mr Code said.
“At the hearing, the Council did not provide any explanation for this course of action.”
Mr Bosman told Star Journal that the endorsed plan for the subdivision permit shows the land to be a “Council reserve”.
The Village Building Company state general manager Tom Maidment said Village requested the land be classified as Stage 7 so that it could be preserved for development in the future.
“This was obviously supported by Council at the time.”
Mr Maidment said council officers initially supported the planning application, including the extra nine dwellings, in 2015.
“Then, we understand that upon review and due to the intervention of a councillor, support for the planning application was withdrawn.
“We amended the application taking out the nine dwellings and the project was approved in 2016.”
The developer “revisited” its plans for the extra townhouses in 2019.
“It should also be noted that this land is directly opposite a train station and adjacent to Greeves Reserve.
“The homes will provide much needed affordable accommodation which is exceptionally serviced.”
After the VCAT approval, Cr Peter Brown said the council should explore a Supreme Court appeal or compulsorily acquiring the treed land.
“Fight fire with fire.”
He said it may be a case that both the developers and the council had been “deficient” but “the losers are the residents and the environment”.
“I believe the conduct of the developers in this matter borders on misleading and unconscionable.
“There is clear evidence that Council could and should have done more to make the permit more restrictive.
“However the conduct and representations of the developers warrants judicial review in my opinion.”
Cr Matthew Kirwan said “councillors are united in finding a way to save the trees and the open space”.
Nine neighbours objected to the proposal on the grounds of the developer promising a community green space, the loss of trees and the narrow streets within the estate.
Greater Dandenong has one of the lowest rates of tree canopy coverage (9.8 per cent) in metropolitan Melbourne.
As part of its Greening Our City strategy, it is seeking to increase the coverage to 15 per cent by 2028.
