Greater Dandenong Council is seeking legal advice in a new bid to save two giant River Red Gum trees in central Noble Park.
The council and residents were outraged when Planning Minister Sonya Kilkenny approved the removal of three gums on the perimeter of a development site at 51A Douglas Street.
However, acting city planning director Brett Jackson told a 11 September council meeting that two of the trees were at least partly on adjoining council land.
This provided an option for the council to potentially protect them, he said.
Legal advice was being sought on “whether council can permit tree removal even though there is a planning permit in place as the trees are partially on council land”.
“Potentially there would need to be an amendment to (the Planning Minister’s) permit.
“The alternative is that the developer may be able to still build and protect those trees.”
“One tree is fully within the site, so there is no question in terms of that having any council ownership. “One tree is half on private and half on council land, and one tree is on council land.
“Council has two trees that it may be able to protect.”
Mr Jackson said the council’s new tree protection law was not an option to save the trees. The law does not apply to planning permit decisions such as this case.
At the meeting, councillor Rhonda Garad said a letter from Premier Daniel Andrews – who is also the local MP – had suggested that the council’s “fight” was not “lost”.
That the council could influence the decision at the building permit approval stage.
“There’s hope in the old dog yet – we may get to save two trees. That’s great news.”
Councillor Sophie Tan said the Planning Minister’s office stated that the trees’ retention was a matter for the developer to negotiate directly with the council.
The news is in contrast to recent public statements from the council’s city planning director Jody Bosman, who publicly held little hope of saving the trees.
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.”
Greater Dandenong had earlier submitted for a change in the proposed six-storey apartment tower’s design to preserve the trees.
But according to the Government, it was “not feasible” to retain the trees without “substantially restricting” the development.
Residents say the trees are the last remnant specimens in the area, after the Government sawed down 66 along Mons Parade as part of the 2016 sky-rail project.
