Clearing of protected trees shows law is a ‘joke’: MP

What’s the point of protection orders when a tree can be cleared anyway? That’s what Taringa residents are asking after a huge rose gum was felled.

Taringa residents who battled to get a protection order placed on a grand rose gum have been left devastated and angry after developers cleared the site on Thursday.

Council approved a three-residence subdivision at the 313 Stanley Tce, Taringa, site in March.

Workers using heavy machinery cleared much of the site despite it being, technically, protected by a Council Vegetation Protection Order (VPO).

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Indooroopilly Woods Residents Group member Jennifer Muller said the IWRG and Stanley Tce residents, who fought to have the rose gum saved from development, were devastated.

They were now concerned court-approved tree conditions on The Tallows development in Carinya St, valid until May next year, might not offer the protection they had hoped.

“The Planning and Environment Court-approved plan (for The Tallows) has 85 conditions, many of which relate to management and protection of a number of significant existing trees on the site – the document refers to a Statutory Environmental Convenant and Environmental Protection Zones that are to be approved by BCC (Brisbane City Council),’’ she said.

“I am concerned about whether the BCC will ensure the developer complies with these conditions that IWRG worked hard to secure through the mediation process.’’

Councillor James Mackay, who was sworn in as the Walter Taylor councillor several months after the Stanley Tce project was approved by Council officers, said the first he was aware of the clearing was when residents contacted him.

“I totally agree with residents and understand their concerns,’’ he said.

“I’m very disappointed and have written to the chair of Development Services seeking an explanation.

“Councillors are notified of development applications but not permits to carry out works on protected vegetation.’’

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Civil engineers Westera Enterprises, which carried out the clearing on behalf of Richards Enterprises, was contacted for comment.

State Greens MP for the area, Michael Berkman, said residents and his office had both contacted Council about the destruction.

“They have confirmed that the developers did have a DA (development application) which overrode the VPO, apparently based on a special exemption under the Natural Assets Local Law,’’ Mr Berkman said.

“Just because it’s legal doesn’t make it right. Our planning system should work for people, not developer profits.

“There was a similar situation in Bardon (last month, off Boundary Rd near a scout den) where a developer reportedly cut down more trees than they had permission to remove.

“At the time, we questioned whether the developer would receive a fine but now we’re hearing that even when a tree has a VPO, developers can still get permission to remove them.

“To make matters worse, much of the vegetation on the northeast corner of the block would be protected under the Biodiversity Overlay and is considered a Matter of State Environmental Significance.

“Tragically, the DA was approved before the overlay was extended. Apparently the old maps were out of date.’’