Moyne Shire Council fight over roadside trees on course for VCAT

Brian Bellman appealed to council at the monthly shire meeting on Tuesday afternoon, but his bid to overturn the decision was knocked back five votes to two.

Mr Bellman planted the trees at Christmas last year after removing overgrown native scrub from the nature strip. He said it was only six months later that he received a letter from Moyne Shire Council ordering him to remove the trees, citing the fact he hadn't applied for a permit.

"I didn't think I needed a permit, since I was just replacing like for like," Mr Bellman said.

When he contacted the council and asked about applying for retrospective approval, Mr Bellman said he was told the application would be rejected because the pear trees he planted weren't a native species.

The council passed a roadside vegetation policy in August 2020 stipulating all new planting must be native to Australia.

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But Mr Bellman said when he proposed replacing the trees with native species, he was told by council this would also be knocked back.

Councillor Jim Doukas, who along with Councillor Ian Smith voted to overturn the removal order, said it defied logic.

"He's planting trees that are easy to manage, slender, neat pear trees. He's done it all off his own bat and they're telling him to rip them out," Cr Doukas said.

"I'm a big believer in common sense, and there's no common sense here."

Cr Doukas voted against the roadside vegetation policy in 2020 and said the stipulation about native plants was inappropriate.

"Natives are no good in built up areas and near roads. If you want a tree that's going to cause trouble, plant a gum tree," he said.

Several of the councillors who upheld the removal order said they were worried about overturning the council's own policy.

Councillor Jordan Lockett said he could have gone either way on the decision, but he didn't want to set a bad precedent.

"If you make an exception where does it end?" Cr Lockett asked.

Councillor Karen Foster said it was a matter of principle.

"We have to uphold the policy irrespective of the person or the circumstances. If the policy is wrong, then let's look at it, but that is the rule right now," Cr Foster said.

Cr Doukas said council should be more concerned with deterring other residents from improving the local area.

"Every single person who has seen it thinks it looks great, even the councillors who voted against it. Next time he will just think 'why bother?'" Cr Doukas said.

Mr Bellman said he hoped the council would change its mind, but he was prepared to take the matter as far as he needed to.

"I'm definitely taking it to VCAT. They just can't get away with it, not this time," he said.

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