If anyone ever doubted that Council was the developer’s ‘friend’ then the photos below will provide plenty of food for thought. For over a decade now the issue of a significant tree register has been waltzed around by councillors and administration. In the meantime countless properties have been moonscaped and countless mature and significant trees have been butchered and removed so that another unit can conveniently be built. Technically, permits to chop down some trees are required but only if an application has gone in. If a tree is chopped down and an application goes in before a year is up then council may ‘fine’ the developer (generally a slap on the wrist) or insist that another tree is planted in its place. How ludicrous – since the original tree is already gone and no new planting can equal what 80 or 90 years of nature has produced.
The facts of this case are:
- The property was sold to a developer in September 2013. It has been rented out since then
- The tree is at least 70 or 80 foot high and is a major feature of this quiet residential street
- No application for development is currently before council – that will follow. We have previously asked what happens if an application goes in one year AND ONE DAY after the tree is removed? No fine in that case according to the current ‘law’ in Glen Eira.
- What makes this particular case even more outrageous is that the owner of the property claimed adverse possession against council to further extend his property line. In other words, there was this added bonus of additional land for literally NOTHING!
The abject failure of this council and its councillors to protect such trees, to dilly dally for a decade, to promise a local law that is still to be sighted, is in our view unconscionable. Yes, development will occur, but it must be regulated so that profit does not always come before the destruction of the environment.
PS – 24 HOURS LATER!





June 25, 2014 at 11:40 AM
This is occurring everywhere. Driving around, visiting friends, I don’t think I have seen one block of fenced land waiting to be developed that has a single shrub or tree left on it. I don’t question that some of what has gone was worthy of going. But I’m equally sure that plenty of healthy and substantial trees have been sacrificed all in the name of profit as this one has. Glen Eira is fast becoming a concrete jungle and those who make the decisions don’t care one iota.
June 25, 2014 at 12:29 PM
A good architect with imagination could have got two apartments in without removing the tree. It looks like its right up against the fence so wouldn’t necessarily stop thoughtful and careful development. Thoughtful and careful development when it comes to making a huge profit is an oxymoron.
June 25, 2014 at 1:16 PM
The developers motto is pack em in and move on to the next project and do the same. They are not committed to the community. Yet try and put up a pergola or heaven forbid extend living space and watch the hurdles Council puts in place then.
June 25, 2014 at 2:26 PM
Here is just a sample from the past year of VCAT decisions where the member specifically commented ON THE ABSENCE OF TREE PROTECTION in Glen Eira’s planning scheme – thus literally tying his/her hands. So why Rome burns and moonscaping continues unabated, this council fiddles and fiddles!
“….there are no planning controls on the removal of vegetation which could have been applied if the vegetation was of great significance.”
(Steller Pty Ltd v Glen Eira CC [2014] VCAT 653 (3 June 2014)
“The ‘moon scaping’ of the subject land is certainly regrettable, but in the absence of tree protection controls it did not require planning permission.” (Kaljot v Glen Eira CC [2014] VCAT 288 (18 March 2014)
“Tree retention and landscaping are also not expressly sought through the Urban Villages policy for this location”
(Sharp v Glen Eira CC [2013] VCAT 1448 (19 August 2013)
“The issue here is that the landscape plan condition on the permit only calls for canopy tree planting. It may be appropriate for the council to review its practices to ensure its landscape expert has regard for the neighbourhood’s character when assessing landscape plans.”
(Worotnicki v Glen Eira CC & Anor [2013] VCAT 1081 (26 June 2013)
“As discussed during the hearing, there is no protection of the trees on site and the planning scheme does not protect an outlook to the trees”
(Watersun Homes v Glen Eira CC & Ors [2013] VCAT 921 (7 June 2013)
June 25, 2014 at 2:31 PM
No landscaping plan will ever replace what’s lost. Even if it does it will take 30 years to get close to the size of this tree.
June 25, 2014 at 2:52 PM
People can’t live in trees.
June 25, 2014 at 3:17 PM
won’t be any trees left with this mob
June 25, 2014 at 3:36 PM
Off topic, but this should be brought to the attention of residents. Last night’s Special Council meeting on the budget, community/council plan, strategic resource plan, only had 5 councillors present. The absences were – Esakoff, Lipshutz, Magee and Delahunty. All votes were “unanimous”.
Thus, for the most important decision making of the year, and decisions which will impact on all residents, only 5 deigned to show up. The entire meeting lasted exactly 15 minutes. Clearly, “robust” debate took place!
Unless all of the 4 absentee councillors suddenly took sick, the meeting in our view should have been deferred – not of course, that it would change the outcome since all is predetermined in secret assembly meetings!
June 25, 2014 at 5:16 PM
Is that Chainsaw Pilling cutting down that tree
June 28, 2014 at 2:12 PM
Pilling the Mayor of Green party will go down the history to make a mess of Trees, Conservatory and developments in our leafy suburbs. He only needs the help of the gang and he is doing well with them. Oh Pilling you are selling your soul to the gang.
June 25, 2014 at 7:28 PM
Sham on the developer who will put a buck ahead of life, shame on a council who does not care. Sham Glen Eira council, I am not proud living in your city.
June 25, 2014 at 8:53 PM
More famous “last words” from our illustrious mayor. Three years and still waiting –
http://crpilling.blogspot.com.au/2011/05/tree-protection-register-for-glen-eira.html#comment-form
June 25, 2014 at 10:41 PM
This is a front garden tree. There must be some others in the back that will go too.
June 26, 2014 at 9:57 PM
I get very upset looking at these photos and seeing what they’ve done to a perfectly healthy tree. Pilling and his mates have got a lot to answer for.
June 27, 2014 at 1:21 PM
Item 9.8 for next Tuesday’s Council meeting.
PLANNING SCHEME AMENDMENT C120
PUBLIC OPEN SPACE DEVELOPER CONTRIBUTIONS. I give credit where it is due. Well done Glen Eira Council. I think this is just terrific. We will be buying new open space before we know it. Let’s hope it doesn’t have to go to a panel and deprive us of many hundreds of thousands of dollars.
June 27, 2014 at 7:36 PM
Hmmmm…I smell a rat. As if “hundreds of thousands of dollars” will buy much land. And why would going to a Panel deprive Glen Eira of money? GECC is free to accept a Panel’s advice or ignore it. GECC has collected millions of dollars over the years from Open Space contributions, just not used it where it is needed. As it stands, C120 doesn’t change this. Council can continue to hoard the money, and if it chooses to spend it, spend it well away from the areas it has targeted for higher density development, just as it has for the last 15 years. Council doesn’t even believe open space is important, and certainly doesn’t believe proximity is important. Its definition of open space includes carparks, pavillions, and work depots.