Greater Dandenong’s new tree-protection law is powerless to save two tall River Red Gums on the edge of a State-approved apartment-tower site in central Noble Park, according to a council director.
Outraged residents have called for the retention of the mature trees – described as the area’s last remnant survivors after 66 nearby specimens were cut down for the Sky Rail project.
Planning Minister Sonya Kilkenny approved the six-storey apartment building on the former VicTrack site at 51A Douglas Street despite Greater Dandenong Council’s plea to amend the design to preserve the trees.
“The disappointment and outrage felt by the community is equally shared by the officers of council,” city planning director Jody Bosman told a council meeting on 14 August.
“Council … continues to believe they could have and should have been retained given their location at the boundary of the site.
“The State Government is of the view that the site could not be appropriately developed with the trees retained, and they have included conditions for offset planting which will mean there is no overall loss of trees in the wider region, in their opinion.”
Several other trees along the footpath area were to be retained under the Minister’s permit, but not the two mature gums at the edge of the site’s temporary fencing.
The planning permit “trumped” the city’s local laws to protect trees on private land, Mr Bosman said.
“A planning permit was required to remove this vegetation and a local law permit was not required.”
Mr Bosman said the decision did not support the State Government’s ‘revitalisation’ of Noble Park vision – which was to improve greenery.
Councillor Rhonda Garad said the “tone deaf” decision was contrary also to “everything that we hold precious”.
“Those trees are significant. They will not grow to that height in our lifetime. Once they are gone, they are gone.”
She urged the council to call for a cease of works at the site – similar to its response against the level-crossing removal project at Progress Street, Dandenong South.
In response, Mr Bosman said the permit – once issued – could not be cancelled “as it is now owned by the developer”.
“We cannot reverse the decision on the permit issued in Noble Park.
“With Progress Street, you can reverse it. (The State Government) have control as it is their project.”
In public question time, submitter Gaye Guest said residents in the 1900s used to meet under the gum trees for church services and town meetings.
“Noble Park was so named because of the local flora species found in the area.”
She made reference to the Sky Rail project’s wholesale removal of a 450-metre stand of native trees in a “weekend” in 2016.
“Seven years ago, people who loved the sight of the River Red Gums at the Noble Park train station needed to implant that vision into their memories quickly because in the blink of an eye our landscape represented a war zone with old river red gums laying lifeless on the rail corridor diversion.”
In her published reasons, Ms Kilkenny noted public concerns about the loss of vegetation, 76-space parking reduction, building height and insufficient affordable housing.
In the Government’s explanatory report, the tower is described as a “priority project” which was expedited to help Victoria’s post-Covid economic recovery.
It would provide “affordable housing in a key location” and extra commercial activity on what was “underutilised” land.
Ten per cent of dwellings will be set for affordable housing for key workers or for housing or disability accommodation providers.
Under the council’s Noble Park structure plan, the project is one of seven high-rise ‘key redevelopment sites’ with preferred height limits of six storeys.
The State Government was contacted for comment two weeks ago.
