Developers avoid fine after Gold Coast’s second largest Norfolk Pine torn down from Burleigh Heads tower site
The developers responsible for damaging the Gold Coast’s second largest Norfolk Island pine will escape being fined - despite the tree having to be torn down. FIND OUT ALL THE DETAILS
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THE developer responsible for damaging an historic Norfolk Island Pine forcing its removal from a Burleigh Heads tower project site will escape being fined.
A report to council reveals residents in their submissions strongly supported council taking the rare action to launch a vegetation protection order.
Some of the submitters said they supported for tough penalties to stop environmental vandalism.
But the report also confirms the development works occurred on two days in late January on the site at Second Avenue, prior to the council issuing the VPO, which meant the structural damage to the tree was done.
Independent Arboricultural Services in their report to council said the tree appeared to be “in good health” but had been overpruned with the lower branches removed.
“Approximately 20 to 25 per cent of the root plate has been damaged and torn by an escavator. There is visible evidence of root shattering up into the base of the trunk,” the report by the arborist said.
Given pedestrians used the area, the risk of tree failure and prevailing storms, the arborist recommended the Norfolk pine’s removal.
The council in its report said the developer had wanted to build a boundary fence and council’s vegetation management code allowed for damage to a tree to occur if it was within 1.5 metres of an existing property boundary fence.
The Bulletin previously revealed the loophole where developers could use “accepted development provisions” to clear sites, even those with heritage trees.
“The subject tree was located approximately 1.7 metres from the property boundary,” the council officer’s report said.
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“However, the proposed construction of a wide footing could reduce the separation to within the distance stated in the vegetation management code.”
The arborist had noted that “the structural roots that were removed on the north-eastern side of the tree would have acted as the tree’s main anchors and if a strong wind were to come from a north-easterly direction it would greatly enhance the risk of whole tree failure”.
Councillors will be updated by officers on the report at Thursday’s planning committee meeting at council.
Allure Property Corporation plan to build a 17-storey 88 Burleigh project on the site.
Allure bought the 809sq m site for $13m and plans for its tower show a unique seashell design completed by Coast firm DBI.
LAST MONTH:
THE second oldest Norfolk Island Pine tree at Burleigh Heads, which was under a vegetation protection order from council, has been removed from a development site.
A handful of people watched on just after 9am on Monday as contractors using a crane began working on removing the tree at the corner of Second Avenue and The Esplanade.
The crane was gone and tree loppers cleaning up by 10.40am.
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The Bulletin understands council has given permission for the developer to remove the damaged tree with the permit allowing the works to occur in the next few days.
A shocked resident, watching from a unit block, told the Bulletin: “Such a shame. This tree was around 80 years old. I’ve contacted (Burleigh MP) Michael Hart and Councillor Daphne McDonald (to complain).”
Another resident, watching from street level, said: “There are only a couple of people standing here. Probably about half a dozen.
“There is a woman up in the balcony of her unit watching on. They are taking down the tree a little bit at a time. They are sawing it and putting the pieces into the truck.”
Some residents had thought there might be a protest but the removal caught locals by surprise.
A council spokesperson said: “The City has authorised removal of the Norfolk Pine at Second Ave, Burleigh Heads. The timing of the removal is at the discretion of the landowner.
A report will be brought back to Planning and Environment Committee on 18 March.”
The council was forced with no alternatives because the tree had sustained too much damage, an earlier investigation had found.
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Photographs taken by the newspaper this month had shown the branches removed and some damage to tree roots at the site. The land is earmarked for a high-rise development.
Council put in a vegetation protection order to try and save the tree. However, a council spokesman said its roots were damaged by excavation works, and it was overpruned, before the order came into effect on January 30.
City officers and an independent arborist assessed the Norfolk Island Pine tree on February 5.
“The independent arborist reported the long-term health and structural viability of the tree had been compromised due to the amount of major structural and anchoring root damage,” the spokesperson said. “It was recommended the tree be removed and this work has been authorised. The tree removal will occur next week at a cost to the landowner.”
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The Bulletin understands a report to council which would address issues such as fines and costs from the investigation will be presented to councillors.
An earlier council report revealed how developers could destroy heritage trees by exploiting a legal loophole.
Developers can remove a tree by relying on “acceptable development requirements” prior to major work on a site. Vegetation can be cleared within 1.5m of a property boundary fence without a development approval.
Allure Property Corporation has filed plans with the council for a 17-storey apartment project on the site. Construction of the tower, 88 Burleigh, is expected to begin in late 2021 if approved.
Originally published as Developers avoid fine after Gold Coast’s second largest Norfolk Pine torn down from Burleigh Heads tower site
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