A KANIVA farmer will be allowed to remove trees on his property despite strong community objection.
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West Wimmera Shire Council approved farmer Stephen Rich’s planning permit application to remove 34 trees on his land.
Acting infrastructure development and works general manager Gillian Bradshaw said the application was to allow machinery access.
Ms Bradshaw said Mr Rich wanted better access for his boom spray, as he had purchased a larger one.
Council received multiple objections to the application.
Ms Bradshaw said most arguments against the application referred to the view and vista of the area.
Objection letters identified many people and visitors to the town enjoyed looking at the trees, which were an iconic part of the area.
Other issues raised included fears the trees had heritage value as they were planted before European settlement and that some of the trees could be indigenous scar trees.
Ms Bradshaw said while it was a beautiful site, the Planning and Environment Act 1987 did not allow an objection for a ‘right to a view’.
‘‘These trees are not heritage listed and we had Aboriginal Affairs Victoria inspect every tree,’’ she said.
‘‘They identified one tree as an indigenous scar tree, this tree was not listed for removal in the original application and it has now been registered with the Aboriginal Heritage Register.
‘‘It is zoned farming and people are allowed to apply to remove trees for agriculture purposes.’’
As part of the application, Mr Rich is required to provide a native vegetation offset.
Ms Bradshaw said Mr Rich had fenced off a block near Bringalbert, which had red gum and Buloke trees on it.
She said this met the offset requirements.
The Department of Economic Development Jobs Transport and Resources has also viewed the application and consented to the trees being removed.
Ms Bradshaw said the notice to grant the permit would be forwarded to Mr Rich and the objectors.
‘‘The objectors have 28 days to decide if they want to take the issue to the Victorian Civil and Administrative Tribunal,’’ she said.
Cr Bruce Meyer voted against the decision.
He said the act allowed people to object to an application if it would affect the amenity of the area.
‘‘The objectors’ comments are valid,’’ he said. ‘‘I live in this area and I have not heard of anyone who wants this to go ahead.’’
Cr Ron Hawkins said if all statutory requirements had been adhered to, it was council’s responsibility to confirm the work everyone else had done.
‘‘Everything else is irrelevant,’’ he said. ‘‘We have been generous to the objectors but this has been a tortuously slow process.’’
Cr Richard Wait warned councillors against not approving the application.
He said it would set a dangerous precedent to what people could and could not do on their land if they met all requirements.