KANIVA residents have blocked a farmer from removing trees on his property, arguing their right to a good view.
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In February, West Wimmera Shire Council approved farmer Stephen Rich’s planning permit application to remove 34 trees on his land.
Mr Rich wanted to remove the trees so his boom spray could access his paddocks, as he had bought a larger sprayer.
However, council received multiple objections to the application and community members took the matter to the tribunal.
Objections to the tree removal included fears the trees had heritage value and that trees contained hallows, making them red-tailed black cockatoo habitat areas.
Objection letters also identified many people and visitors to the town enjoyed looking at the trees, which were an iconic part of the area.
Tribunal member Chris Harty ruled in favour of the community’s objections.
“From my inspection it was evident the trees contribute towards a pleasant outlook for properties opposite the site,” he said.
“It was also noticeable that abundant birdlife made use of trees both on the site and native vegetation located along the roadside.”
Mr Harty said council had received the wrong information as councillors were advised none of the trees contained hollows.
“My inspection confirmed hollows were clearly evident on both tree trunks and in the form of spouts associated with limbs on some of the trees viewed,” he said.
Mr Harty believed farming at the site would be able to continue, despite the trees.
“Although the purpose for removing the trees was to improve farming efficiencies, lower costs and increase productivity, it is important to understand that this activity must occur within the framework of ecologically sustainable practice, which includes retaining large scattered paddock trees that are of benefit to the environment and remnants in the rural landscape,” he said.
Mayor Annette Jones said council’s planning officer did a great job.
“The role is complex and legislation is frequently changing,” she said.
“West Wimmera Shire is lucky enough to be home to the rare and endangered red-tailed black cockatoo and so overlays are an added consideration.”
Cr Jones said it was a tricky balancing act to consider farmers, who are operating a business, community environmental expectations and ensuring compliance with state and federal legislation, along with councils own planning scheme.
“Council have had extensive discussions about the VCAT findings and council will now need to be informed by the findings.”
Mr Rich will be able to re-apply for the planning permit.
In February, the planning permit was agreed upon by all councillors, expect councillor Bruce Meyer.
Cr Meyer argued the objectors comments were valid.