Wednesday, April 13, 2011

DA/1470/2009/A - 39 Hannah Street, Beecroft

Following is a letter sent by the Trust to Hornsby Shire Council.

Councillor Nick Berman
Mayor of Hornsby Shire
Council Chambers

Dear Mayor Nick,

DA/1470/2009/A - 39 Hannah St Beecroft

The Beecroft Cheltenham Civic Trust thanks Council for the opportunity to make comments on the subject development, and objects to the application for the following reasons.

Section 79C of the Environmental Planning and Assessment Act 1979 requires that that the consent authority, when determining a development application or a variation under Section 96(2) of the Act, consider a number of matters.

In this particular matter, the owner is seeking to increase the value of the land, the subject of a development approval, by removing a perceived encumbrance in the form of Tree 18. The effect of a development application on the value of land the subject of the application is not a head of consideration under Section 79C; therefore Council has no option but to refuse the Section 96 application.

Background information:

  • The Council’s Bushland & Biodiversity Team object to the removal of Tree 18, a Eucalyptus saligna (Sydney Blue Gum)
  • The Council’s Tree Management Team object to the removal of Tree 18, a Eucalyptus saligna (Sydney Blue Gum)
The Applicant's Consultant Arborist, Mark Hartley, described the tree as being in good condition and rated its Retention Value – High and recommended that the tree be preserved.

  • The Applicant's Ecological Consultant, Dr Stephen Ambrose, acknowledges that Tree 18 is the largest tree on the site and its removal is likely to have a significant visual impact on the site.
  • This Trust, in its previous objection with regard to removal of numerous trees from the site, described the Sydney Blue Gum Tree 18 as being in good condition, structure and form typical of the species and the most significant tree on the site.
The Trust submits that even on its merits the application is not worthy of approval.
 
Mr Garry Mahony should be commended on his thoroughly professional handling of this matter in his telephone reply to the applicant The removal of Tree 18 is not required for construction of services for the subdivision and the subdivision is designed to retain Tree 18.  The proposed removal of the tree would therefore not be supported.’

The approved subdivision plan indicates that the dwelling can be constructed on the site and at the same time Tree 18 can be preserved.

In conclusion, the Beecroft Cheltenham Civic Trust strongly objects to the removal of this significant native tree which forms part of the Blue Gum High Forest and  is listed as a critically endangered ecological community under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).  It is also listed as an endangered ecological community in NSW under the NSW Threatened Species Conservation Act 1995.
  
Yours sincerely,  

Colin Johnston

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