A campaign to save a tree out the front of a proposed redevelopment at 11 Trelawney Street, Killarney Vale has failed.
The Local Planning Panel has granted deferred approval to demolish the Norfolk Island Pine tree out the front of the property once vehicle access has been created for the house next door.
The demolition is part of a plan to demolish and rebuild on the site.
The panel had previously deferred a decision, requesting information on a number of matters including the long term viability of the tree and for the applicant to provide advice as to the current arrangements allowing it to use an existing driveway servicing two properties and attempts made to secure the driveway’s continued use.
Council was also to provide advice to the Panel about the process in which it determined that the tree should be listed on the Significant Tree Register.
In its latest decision, made on September 2 and made public today, the panel said it weighed up the “retention of an otherwise healthy tree which may have several decades of life remaining” and the damage that the tree had caused and will likely continue to cause to public and private property.
“Another consideration was the unresolved vehicular access situation for both no. 11 and no. 13 Trewlaney Street where each requires access over the other’s property to gain entry to their properties,” the panel said.
“This needs to be formally resolved in any determination.
“In considering potential alternate design solutions, particularly in relation to garage and vehicular access, the Panel noted that locating the proposed garage on the western boundary of no. 11 would effectively preclude vehicular access to no. 13 and potentially cause cross boundary flooding.
“Advice from Council staff and the independent arborist is that any changes, even minor changes, to the ground conditions in the vicinity of the tree will likely result in shortening the life of the tree to approximately 1 to 5 years.”
The panel said that in making this decision, “it had regard” to the public submissions and the comments made by speakers at the March 24 meeting.
“On balance, the tree will continue to cause public and private property damage and there are no reasonable alternatives both in terms of building design and materials,” the panel said.
Its decision was unanimous.
The homeowner now has deferred permission to demolish the house and the tree and to build a two storey home once it proves easement for vehicle access at 13 Trelawney Street, Killarney Vale has been created and registered with NSW Land Registry Service.
The application to Council attracted more than 150 submissions.
