Greater Dandenong Council is seeking to save a stand of river red gum trees by offering to buy them from Yarraman Village’s developer.
The Village Building Company (VBC) won a permit at VCAT in October to fell a pocket of about 25 mature trees to make way for eight more townhouses in the 158-dwelling estate in Hanna Street, Noble Park.
Greater Dandenong Council city planning director Jody Bosman told a council meeting on 30 November that the council, through its lawyers, had made an approach to the VBC for a “possible purchase”.
The negotiations were still ongoing, he said.
Mr Bosman ruled out a Supreme Court appeal against the VCAT decision.
“There is no legal basis which such a challenge can be made.
“That option has been fully investigated by Council’s legal team and I can confirm it is not an option open to Council.”
Mr Bosman said the council had “consistently opposed” several quests by the developer to remove the trees.
“The council remains unequivocal in its desire to see the trees retained and it will continue in its negotiations with the developer.”
The council is being backed by a chorus of the estate’s residents.
Some have described the small reserve in the north-eastern corner as “the only trees in the village”, and a major selling-point that attracted them to the estate.
Residents say it is the only public open space within the “cramped” village with streets too narrow for municipal garbage trucks.
The alternate public open space at the top of the adjoining Mile Creek’s banks was described as an “insult”.
The developer The Village Building Company denies making representations to prospective buyers that it would retain the trees.
“The contracts of sale and marketing documentation for the first three stages of development clearly display Village’s intention to develop this land with housing,” state general manager Tom Maidment said.
Mr Maidment said the homes, directly opposite a train station and near Greaves Reserve, would provide “much needed affordable accommodation which is exceptionally serviced”.
He said council officers initially supported the planning application including an extra nine dwellings in 2015.
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,” VCAT Senior Member Geoffrey Code said.
Mr Bosman told Star Journal that the endorsed plan for the subdivision permit shows the land to be a “Council reserve”.
