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Gum trees’ legal lifeline

Armed with legal advice, Greater Dandenong Council is “considering its options” on saving giant River Red Gum trees in central Noble Park.

Council chief executive Jacqui Weatherill said the council was looking to “potentially” protect the “significant” trees on the edge of a development site at 51A Douglas Street – at least the ones on Council-owned land.

One of the trees is on council land, and the other is half on private and half on council land.

“Council is strongly committed to enhancing tree canopy in our city and protecting significant historic trees.”

Only recently, the council had claimed it was powerless to reverse Planning Minister Sonya Kilkenny’s approval of a six-storey apartment tower on the site.

She had approved the developer’s wish to remove three River Red Gums, despite the council’s opposition.

A “thrilled” councillor Rhonda Garad said legal advice seemed to confirm that the council owned or partially owned two of the remnant trees.

“We’re writing to the Planning Minister and the developer explaining that they can’t proceed because we’re at least partial owners. They will have to negotiate with us.”

The permit may be illegal because the council’s ownership of the trees wasn’t considered, Cr Garad said.

“Our hope is that it will be negotiated back to what we wanted in the first place.

“Council has always been pushing to have greater setbacks, and a softer design that’s not so greatly out of sync with Noble Park.”

She said the passionate resident-led campaign helped turn the tide.

“It’s a good outcome for everybody. Sometimes you get a win – it’s rare but it’s nice.”

Resident Gaye Guest paid tribute to resident Mark Dalton, who had written to the then-Premier and Mulgrave MP Daniel Andrews.

The response from Mr Andrews’s office suggested the council had a say in the trees’ fate.

“He opened the door enough for Council to seek legal advice and now look at the outcome!

“Residents are now standing up and saying they have had enough of their heritage being destroyed because things are done ad hoc and rushed.”

She noted it was too late for 66 River Red Gums that were sawn down along Mons Parade as part of the Government’s sky-rail project in 2016.

The 51A Douglas Street trees were the last remnants of the species in central Noble Park, she said.

“We need to preserve and revere the last remnant stock – the size and majestic aesthetics of these trees will never otherwise be seen in our lifetime.”

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