I recently read a thread about trees and I couldn't reply at the time and now I can't find the thread anymore.
Anyway, a big celebration is in order coz I just received my permit to remove a massive tree on the front of my block.
It delayed site works by about 5 weeks.
I bought the land not knowing the tree had a VPO on it.
The plans were approved by council. My lawyer and the certifiers both did not check. The developers gave me a $10k discount and said I could remove the tree if I wanted. At the time, I had no idea about protected vegetation..very naive...shows I'm still learning something new after years of developing.
It was only a week before commencement of site works that I quetsioned the supervisor about the tree. After investigation he said I needed to remove it. Cheapest quote was $3k...it's a massive tree. The tree loppers thought better when they saw birds nest and phoned council to dbl check. No tree company would touch a tree if it was protected. There's a $40k fine to the owners and $20k fine to the tree company.
So I sent the application to council with a site plan. Good thing is that you can apply as manay times as you want with no fees. I was told it would take up to 8 weeks but the decision took 2 weeks. My request was rejected.
Lots of things went through our mind because the letter stated so clearly that the tree cannot be removed, even the roots etc that basically we couldn't build any house on it. We looked into cutting the tree down and paying the fine (would mean our profit would be halved), looked into selling the block but guilty conscience and just thoughts we would be stuck with the loan forever. The land is worth $20k more than we paid but it's really worth nothing if no one can build a house on it. Maybe worth about $280k
So I phoned back the nice lady that handled our application and broke down...I said that the land was already small which is why we chose a 2 storey design, there's a storm water drain in one corner we have to stay clear of and the tree is 1.2mtr to the brickwork and 40mm to the eaves. She said that in the site plan I sent her, there were no dimensions and measurement, just that the tree was in the front of the yard. The plan is A3 and to scale so you could measure is with a ruler...anyway...she said to send back all the info with the measurements.
I got my builder to email her all the relevant info and within 3 days, it was approved.
Basically it is exampt because it is located within 3mtrs of teh eave of the proposed dwelling.
This is under S45 of teh Natural Assets Law 2003
(f) removal of a tree or part thereof, other than a significant landcsape tree, as long as-
(i) the whole trunk is located within 3 metres of an existing lawfully constructed building on a property lessthan or equal to 4000 sq mtrs
(ii) the whole trunk is located within 6mtrs of an existing lawfully constructed building on a property greater than 4000 sq mtrs
Omigosh, it has such a stressful time. I have made loads of mistakes in the past but I honestly thought this was it..irrepairable. I feel so stupid. With the 1st application especially as there wasn't enough info and I assumed she knew how to read site plans. You need to provide as much info as possible. It was honestly a total fluke that I mentioned dimensions to her.
Should have consulted an environmental lawyer immediately.
Hope this helps.
Anyway, a big celebration is in order coz I just received my permit to remove a massive tree on the front of my block.
It delayed site works by about 5 weeks.
I bought the land not knowing the tree had a VPO on it.
The plans were approved by council. My lawyer and the certifiers both did not check. The developers gave me a $10k discount and said I could remove the tree if I wanted. At the time, I had no idea about protected vegetation..very naive...shows I'm still learning something new after years of developing.
It was only a week before commencement of site works that I quetsioned the supervisor about the tree. After investigation he said I needed to remove it. Cheapest quote was $3k...it's a massive tree. The tree loppers thought better when they saw birds nest and phoned council to dbl check. No tree company would touch a tree if it was protected. There's a $40k fine to the owners and $20k fine to the tree company.
So I sent the application to council with a site plan. Good thing is that you can apply as manay times as you want with no fees. I was told it would take up to 8 weeks but the decision took 2 weeks. My request was rejected.
Lots of things went through our mind because the letter stated so clearly that the tree cannot be removed, even the roots etc that basically we couldn't build any house on it. We looked into cutting the tree down and paying the fine (would mean our profit would be halved), looked into selling the block but guilty conscience and just thoughts we would be stuck with the loan forever. The land is worth $20k more than we paid but it's really worth nothing if no one can build a house on it. Maybe worth about $280k
So I phoned back the nice lady that handled our application and broke down...I said that the land was already small which is why we chose a 2 storey design, there's a storm water drain in one corner we have to stay clear of and the tree is 1.2mtr to the brickwork and 40mm to the eaves. She said that in the site plan I sent her, there were no dimensions and measurement, just that the tree was in the front of the yard. The plan is A3 and to scale so you could measure is with a ruler...anyway...she said to send back all the info with the measurements.
I got my builder to email her all the relevant info and within 3 days, it was approved.
Basically it is exampt because it is located within 3mtrs of teh eave of the proposed dwelling.
This is under S45 of teh Natural Assets Law 2003
(f) removal of a tree or part thereof, other than a significant landcsape tree, as long as-
(i) the whole trunk is located within 3 metres of an existing lawfully constructed building on a property lessthan or equal to 4000 sq mtrs
(ii) the whole trunk is located within 6mtrs of an existing lawfully constructed building on a property greater than 4000 sq mtrs
Omigosh, it has such a stressful time. I have made loads of mistakes in the past but I honestly thought this was it..irrepairable. I feel so stupid. With the 1st application especially as there wasn't enough info and I assumed she knew how to read site plans. You need to provide as much info as possible. It was honestly a total fluke that I mentioned dimensions to her.
Should have consulted an environmental lawyer immediately.
Hope this helps.
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