Revealed: Legal loophole could mean the Norfolk Island Pine at Burleigh Heads will be removed
A legal loophole has emerged which allows developers and property owners to destroy heritage trees like the Norfolk Island Pine damaged at Burleigh Heads. HERE’S HOW IT WORKS
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DEVELOPERS and property owners can exploit a legal loophole allowing them to destroy heritage trees like the Norfolk Island Pine damaged at Burleigh Heads.
Councillors have made the rare decision to make a vegetation protection order (VPO) with some “disgusted” after the second largest historic tree at the beachside suburb was damaged outside a site earmarked for development in Second Avenue.
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Photographs taken by the Bulletin show branches have been removed from the Norfolk Island Pine and some damage has occurred to the tree’s roots.
A report to council has cast light on a legal loophole where developers can remove a tree by relying on “acceptable development requirements” prior to major work on a site.
“The relevant “accepted development provisions”, in this instance, relate to the ability to clear vegetation within 1.5m of a property boundary fence, or proposed property boundary fence without a development approval,” the report said.
To ensure the tree was protected, officers said a VPO was “urgent”.
The Bulletin asked council to explain the law and was told the City Plan’s Vegetation Management Code regulates clearing around property boundary fences.
The code includes provisions around maintenance or construction of a property boundary fence which allows vegetation to be cleared within 1.5m of fencing for land parcels less than 4000sqm in size.
“If not already present, the boundary fence must be constructed within 21 days of the damage to vegetation,” a council spokesperson said.
The council can protect the tree through a VPO but officers would need to be aware of any damage to vegetation during meetings in the lead-up to a development application.
Residents or concerned locals could make a complaint to council, but that might occur after the damage was done.
Asked about the health of the Norfolk Island Pine given foliage was removed and its roots damaged, the council spokesperson said: “City officers are currently assessing this.”
Despite the VPO, the tree can still be removed and its future depends on submissions from the public and developers with a recommendation to be voted on by councillors.
“Public notification has commenced and written submissions can be made to council for the next four weeks,” the council spokesperson said.
“The submissions will be taken into consideration by council in making a final decision on whether the VPO is confirmed, confirmed with modifications or revoked.”
The National Trust’s Register of Significant Trees notes that Norfolk Island Pines located at The Esplanade at Burleigh Heads were of “regional significance”.
A check of planning applications shows no documents lodged yet for the site which has older residential units.
EARLIER: COUNCILLOR ‘DISGUSTED’ AS NORFOLK PINE DAMAGED
A GOLD Coast City councillor says she is “disgusted” after a developer and planners put in danger a historic Norfolk Pine at Burleigh Heads.
A Bulletin report on Friday detailed how councillors at the first full council meeting for the year backed an officer’s report to make a vegetation protection order to save the tree.
The Norfolk Pine is the second largest in the area from Goodwin Terrace in the south along The Esplanade to Third Avenue.
In a since-deleted Facebook post, Southport councillor Brooke Patterson said the vote was unanimous but the order could only start from January 30.
“The developers cut down the tree on the afternoon of the 29th, after they were aware of our resolution,” she said.
“I am disgusted by the complete contempt shown to council by not only the developer, but their advisers.”
Cr Patterson deleted the post on Sunday. She declined to comment on the issue when approached by the Bulletin and referred the newspaper to area councillor Daphne McDonald.
Residents were quick to react, one in a response saying council should issue a $100,000 fine and “make them plant another full-grown pine tree”.
Cr Patterson wrote in response: “I will be looking to see what can be done.”
Some residents on the Facebook page of Cr McDonald targeted council, saying the process was “so wrong” and an abuse of democracy.
“This is not how a representative council works,” a resident said.
Cr McDonald did not respond to requests to comment from the Bulletin but explained to residents the process involved issuing a vegetation protection order.
A report to council said council had established the Norfolk Pines Burleigh Foreshore Conservation Management Plan in November 2020.
The plan documented the planting of the Norfolk Island Pines along the Burleigh foreshore area in the early 1930s and into the 1940s.
“The plantings were a combined initiative of the local residents, the Justins brothers, and the Nerang Shire Council,” the report said.
“The trees were planted in a number of discrete periods and were conceived as a civic beautification scheme. Over time, the plantings extended from Goodwin Terrace in the south along The Esplanade to the north.”
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The council report said the Norfolk Island Pines located north of Third Avenue and west of The Esplanade were not included in the protected area of the heritage listing.
But they were “still significant and should form part of a heritage curtilage as recommended in the Conservation Management Plan”.
The Bulletin requested comment from developer consultants. They did not respond.
HOW THE SAGA STARTED
AN HISTORIC but damaged Norfolk Pine at Burleigh has been protected after a council vote on Friday.
A proposed vegetation protection order will protect the second largest Norfolk Island Pine in the area from Goodwin Terrace in the south along The Esplanade to Third Avenue.
A council officer’s report said the 28m high tree was believed to be 75 to 85 years old, located outside a property in Second Avenue.
“The Norfolk Island Pines in this area were first planted in the 1930s and the 1940s and have largely retained their original locations forming a significant landmark for the area since that time,” the report said.
The report said the council was aware of plans to remove the tree “through a future development process”.
To ensure the tree was protected, the vegetation protection order was regarded as “urgent”.
Mayor Tom Tate asked why the item was not before a committee. He was told by officers that it was due to the timing.
“I haven’t had enough time to absorb all the information,” he said.
But planning chair Cameron Caldwell said there was work being conducted on the site and it was likely the “tree will be lost” due to damage to its root system.
Photos taken at the weekend show part of the root system has been removed and many of the tree’s branches have been cut off.
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“The actions overnight are reprehensible in my view,” Cr Caldwell said.
Officers said 30 per cent of the root system had been compromised.
Councillors unanimously supported a motion to protect the tree.
The full council meeting finished after just more than an hour.
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