Just found that a house on my neighborhood had a 80yr old Oak tree chopped off. It had a heritage overlay. I know this because I intended to buy that property and asked the council about it and they said you cannot cut it as it has an heritage overlay. Now it has been chopped off.
This is something bizzare. I need to complain about it.
Besides council, which other people/organisations should I get in touch to make this known.
Tree Removed at the back of a house in my neighbourhood. Had Heritage overlay. Whom to complain?
skjaus2015 on 13/11/2015 - 17:05
Last edited 13/11/2015 - 18:51 by 1 other user
Last edited 13/11/2015 - 18:51 by 1 other user
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sorry what does it stands for ?
Heritage Overlays are part of local council planning schemes.
Source: http://www.dtpli.vic.gov.au/heritage/local-government/herita…
Therefore you can raise it with the local council. Maybe have a read of their heritage overlay code first. You should be able to download it from their website.
Not sure what would be bizarre about it. Maybe they got approval to remove the tree. Maybe it was unhealthy. Maybe they were allowed to trim it. What's it got to do with you anyway? Presumably the removal of the tree or part thereof isn't affecting your amenity in any way.
Bizzare is just because one year back the council says you cannot cut that tree. It was a big land and I wanted to buy as an investment property but the council said you cannot cut the tree , i did not buy.
How have things changed in one year ?
It was a perfect healthy tree. If everybody starts cutting trees like this, then we would have concrete jungle all around.
I understand its nothing to do with me and I can just keep quite. But as a community we need to see things done right around us.So…
Your angry because it was cut down or because you couldn't cut it down when you wanted to buy it?
Any problem op feels upset by this? Do you know "fair" is our constitutional right? Op has every right to get an explanation from the council, and if unsatisfied he should be able to lodge complaint to government ombudsman.
Do you know "fair" is our constitutional right?
Is this sarcasm? Never heard of this right before.
It was a perfect healthy tree. If everybody starts cutting trees like this, then we would have concrete jungle all around.
But….. You wanted to cut it down as well.
But… He didn't. Instead he decided to respect the heritage overlay and preserve the tree by not buying the property.
He originally wanted to cut the tree down, but didn't because it had a heritage overlay over it. Correct.
What I'm trying to point out is, it still isn't consistent with his 'if everyone cuts down trees, we would have a concrete jungle' Captain Planet comment. As if he had permission, he WOULD have cut down the tree.
@TailsK: Or he couldn't make as much money from the property due to the tree taking up so much space and not legally able to chop it down.
How have things changed in one year ?
My friend…Sad to tell you this but MONEY TALKS
All you had to do was give'm a few K under the table.
It's how it works
give'm a few K under the table.
Sometimes a few hundred works too
a bottle of Johnny Walker Blue Label has amazing influence… has worked 100% of the time… just saying… ☺
not even under the table. the fine is only a K or so.
@thepigs: Exactly what I was going to say.. Cut it down, pay the fine, develop the property and profit.
i see
Do you know that it was a perfectly healthy tree? A tree can appear to be healthy and still be dying. Happened on a project I worked on recently. Just looking at this tree it looked OK, but was dying from the inside out.
I would search your council and see if there were any approvals to have it removed. An arborist would have had to complete a report if it was a significant tree. Or at least that is the process in SA.
TL;DR
OP is upset because he wanted to buy a property, but decided against it because it had a tree on it that he wasn't allowed to cut down. Someone else bought the property and cut the tree down. Now OP is complaining because people are cutting down all our nice trees.
Not true, the trees are part off the neighbourhood amenity.
It might have given shade, it might have brought birds.
Either way. Council investigation team. It's an offence. Looking at a prosecution if they illegally removed the tree. Bastards if they did.
Sick em!
Think of the birds. Won't someone please think of the birds?
I was talking about the amenity of the area. Birds included.
So… you'd planned on cutting the tree down anyhow? (Given that you did not buy because the council told you couldn't cut it down, as mentioned above), and now because it seems as though someone has possibly found a way of removing the tree (by fair means or foul), you're worried about living in a concrete jungle all around? What end result do you actually hope to attain from the complaint, or is it just sour grapes because you missed out?
Not what I'd call bizarre, really.
Even if foul play? Really?
If the tree had heritage overlay and the new owner cut it down, it should be reported. This is quite different to a snoopy pesky neighbour. If I was told it was heritage overlay and then I saw something inconsistent to what I know, I would report it to the council. Blatant disregard for council rules irks me, particularly rules that council is so powerless to enforce due to the nature of the breach, like neglect and removal and dilapidation.
Not sure how it works but I've seen council get monthly (or yearly) satellite images of their area. its shoved into a program and differences are spotted. They use it to spot removal of large trees and property extensions.
correct my if this is wrong. Just my guess/what ive heard
Why are you concerned about a concrete jungle now when you wanted to do the same thing if you were allowed to cut it down after you bought it?
I think you're more cheesed off about a missed opportunity of purchasing the land yourself rather than a concrete jungle around you
You sound like the old bat behind my house.. We had a massive tree and started cutting it down and she rang the damn council trying to get them to stop us cutting it down because she liked it… Thank god it was within the unsafe limit of a dwelling.. By 15cm… $1500 fine otherwise… Blind me… If its not your property let it be…. Or go hug some trees and send me a photo
Your not allowed to cut your own tree down? 1500 fine!!??
Unless heritage listed, what's the issue?
"within the unsafe limit of a dwelling" - What is this distance? Can you point me to an online reference please?
Assuming we are talking about planning schemes in Victoria - Clause 52.48: http://planningschemes.dpcd.vic.gov.au/schemes/vpps/52_48.pd…
These exemptions only apply to rural council areas and the dwelling must have been constructed before 10 September 2009 (there are a few other requirements, but I have simplified).
Sometimes, it is also referred to as the "10/30" rule (which is in reference to clearing trees within 10 metres around the dwelling, and vegetation except trees within 30 metres around the dwelling): http://www.dtpli.vic.gov.au/planning/planning-and-building-f…
Of course, before cutting down any trees, go speak to the planning department at your local council and preferably get something in writing if they say you don't need planning permission (doesn't matter if e-mail or letter, as long as it has the council logo letterhead/footer and the name of the council town planner).
Disclaimer: I work as a town planner for a rural local council.
Thanks for that. I'm in NSW so doesn't apply. And have no trees that need cutting down.
Interesting and sensible rules for fire prone rural areas though.
I had the same thing, nosy old bloke behind me carried on and complained, council actually came around I said it had been damaged by wind in the last storm, no fine. Truth was it was in the way of where I wanted to build the kids cubby house and put a trampoline. I have no issues with cutting down trees in my yard, the busy bodies can get stuffed.
Please make a poll for this thread and add Bikies as an option.
damn, i wanted to vote for monkeys
Make that flying monkeys & you've got yourself a deal…
Lol OP. Had the council allowed you to cut the tree down and you bought that land, would you then worry about the concrete jungle around us?
Seriously? Does it impact you that badly that you're going to "dob"?
Is it really productive to be that kind of neighbour?
I'd note that it's unfortunate and then move on
Perhaps they didn't know or it really devalued their house but if you think you're doing it for the community and future I'd say it will have no impact on future trees as there are already laws protecting them.
I'd say it will have no impact on future trees as there are already laws protecting them.
You mean the same laws that were protecting OP's removed tree? :\
If I've missed the subliminal… You won't get a bargain on buying the house, if anything it's going to cost more now because it looks better without the tree blocking the view!
How about minding ones own business? When it gets to the point where you have no control over what happens on your own property that's a neighborhood I don't want to live in.
it looks to me that you are been uber jealous about it and bitten by the fact that you couldn't do it yourself/refrained from buying the land to do it yourself, lol op, that is pathetic!
Apologies in advance but you need to fix your usage of 'an'
Normally i dont bring it up but today i just feel like it.Not much can be done for the tree now but there may be hope for your grammar.
If you're going to point out the 'an', might as well point out the 'on' as well…. :)
Haha.
Ill let that slide… i dont know why but the wrong usage of an just gets to me.
It's not your property.
If they want to cut it down, nothing is stopping them; they might get a hefty fine from council ($1700 per tree) but otherwise council can't do jack…The value they add on the property far outweighs the fine the council dishes out haha (unless the council won't give any building permits on that property now…)
Looks like OP is angry he didn't have the guts like the current owners.
If I had trees blocking my river views I chop them down in a second.
I don't get how a single tree can have heritage value. Plz just drop the matter and stop wasting everyone's time.
nek minit granny flat where the tree used to be
Mind your own business….I'm sick and tired of the bs some neighbors spew over what people can do on there own land. Contact the council if you're so curious. Don't go making trouble.
Except when there's a heritage overlay in place, it's being preserved for the sake of everyone.
or in my experience to placate a few old bags with nothing better to do than write letters to council about issues the rest of the community couldn't care less about.
Perhaps you don't care about it, but it doesn't mean that the rest of the community doesn't. It also doesn't mean that future generations won't care either.
Is it possible that it was unhealthy or a risk? We had a number of trees near our house (our house backs onto bushland) that council themselves came along and cut down a whole bucket load of them because of the risk of falling branches. This was shortly after the last big storms and I guess they got all worried about lawsuits.
I'm a little bit of a hippy greenie, but I'm also a bit siding with a few of the people of how much of this is your business? Is it that big an issue? If it's a single tree? Perhaps if you're really that concerned call the council, but then again if leads to the neighbour getting a fine and what not it could just create tension too.
Lots of drama. I hate drama. Especially when it's from neighbours and what not. I give my neighbours eggs from my chicken.
If by having that tree standing there giving you grief i.e. pushing your fence or it's going to topple over to your backyard, then I would complain. But this sounds like you're just not happy that you were told you couldn't chop it off and now they chopped it off. Keep in mind these people will live there for who knows how many years, you better consider the tension you might create. And yeah, who knows inside that perfectly healthy looking tree, there might be an army of termites or whatever else sitting there.
Seems like you're whinging about not owning the property and that the owners obviously followed the right paths to get approval, rather than the whole concrete jungle or heritage thing.
And to be honest, if you're asking ozbargain who you can take the complaint to, Id doubt you asked the right questions/people about the tree in the first place.
I am sure you can get approval to cut them down. Normally at a price or an agreement to plant a bunch of native trees elsewhere.
Either way if they cut it without approval they would get a fine if reported, which is in itself a price to cut the tree down anyway… Money runs this world. You have enough, you can do what you want and pay the price.
No need to be upset, you could have discussed this further with the council when you intended to buy.
Notify the council, unsure if they will actually tell you whether it was approved or not though.
Keeping a good relationship with your direct neighbor is important to make your life easy… Probably worth considering before reporting if they are your direct neighbour.
You have enough, you can do what you want and pay the price. No need to be upset, you could have discussed this further with the council when you intended to buy.
This so much.
OP just salty he couldn't capitalise on this investment easily.
Just trying to understand what are trying to achieve here. Tree is gone, not your house, none of your business.
Tree Removed at the back of a house in my neighbourhood. Had Heritage overlay. Whom to complain?
scotty, neil or one of the other moderators
Besides council, which other people/organisations should I get in touch to make this known.
Hi OP, please get in touch with me to make this known.
Cool story bro? You're obviously more concerned for the monetary value of the tree than its heritage value.
"I need to complain about it," go ahead?
"Bizzare is just because one year back the council says you cannot cut that tree. It was a big land and I wanted to buy as an investment property but the council said you cannot cut the tree , i did not buy."
Sound like a sore loser. If you really wanted to buy it as an 'investment' property, the tree wouldn't have made any difference.
As others have said, you can always but a property, decide to cut the tree down, and cop the miniscule fine (compared of property value) the council may levy.
Unlike a building façade, they won't make you rebuild it.
Move on with your life, and quit wasting yours and others' time complaining.
I can't tell if you're telling the op to report it or not. You note the fine the owner can cop. You say time spent complaining is wasted. You illogically say a tree you can't knock down makes no difference to an investment and presumably redevelopment. You assume that the op would consider chopping down a tree that has local (possibly state or national) value and an heritage overlay on it. Your comment is useless.
No, I can follow his logic just fine. He's telling op to move on.
What I can't understand is your reply. Its like you've tried to dissect each of his sentences separately, putting it together only to end up with some thought disordered mumbo jumbo. I've had to blink after each sentence because my brain farts.
OP, for some reason, the majority of people are siding against you. I'm all for you and recommend you double check that removal of that tree is above board. If not, they are cheating the system and must be punished with financial and physical undertakings.
If people don't follow council building rules, it becames a free for all for developers.
I think most people are siding against him because it's the scale of the problem - namely a single tree.
Compare that to the guy in Sydney recently who moved a whole slab of bush line, plus the mound of dirt it was sitting on. After it became known that he didn't have council approval and the council took him to court and won, he was fined. I forgot how all the numbers worked out, but it was something like the fine was $500k and he apparently gloated that the new Sydney Harbour views added about $1.5Million to his house. So even with the fine, he still won out.
If this was a number of trees, I could see people being more open to the OP. If the OP was asking "should I report it to the council", that too, I think would be met with less hostility.
The fact that it's a) a single tree and b) who ELSE should I report it too is a combination that I think has annoyed many in the thread.
It reminds me of a joke about the cyclist getting to perly gates and arguing about the fact that he clearly had the right of way to which Peter points out that he's still dead.
OP could be in the right. It still probably annoys people.
I know this because I intended to buy that property…
Did the tree also produce sour grapes??? ;)
No it contained the key ingredient to the formula for the elixir of immortality. He needed the elixir to render the philosopher's stone obsolete and possibly set up his own shop in Diagon Alley and to take revenge on the Weasley brothers coz he got punk'd in their joke shop once.
i had a 10-15m tree in my backyard about 10m set back from dwelling. there used to be the odd small branch that would fall which we didnt think much about until one stormy evening a huge branch thudded into our lawn where we usually walk/sit around.
the tree came down not long after needless to say
Who is liable? The arborist or the owner? I always thought both would be fined, but I have nothing to back this.
Owner is liable. Council will fine owner for every protected tree that is chopped down.
Removing tree is not a wealthy action. If OP is fighting for that it would be grate rather revenge.
OP too had the intention to remove the same tree.
Process is
1. Complain to local council and allow them to respond to you .
2. If no response from them, get an appointment to public council meeting (usually 2nd and last week of a month but could differ from council to council) and complain that. Allow 2 weeks for that to respond.
3. Next step is approach VCAT with some neighbors support and arborist advice.If the tree is gone then Council/VCAT/the Queen can't do anything about it except for the council dishing out a fine.
What do you mean "can't do"
They can impose fine with tree replacement which could end up huge costAlso it will create an awareness in the neighborhood.
Btw the Queen??? Don't think this issue as just passing cloud.
Council cannot force you to replant a tree on your property.
MYOB
It disgusts me. Almost all Australias buy into global warming, and yet when these green hypocrites see a tree they feel a desire to murder it. Perhaps they should have a limb amputed in return, without anaethetic.
http://www.theguardian.com/environment/2013/may/16/climate-r…
83 out of 4000 agrees climate change (Total 29,000 submitted, most with no conclusion)
effectively “0.3% climate consensus, not 97.1%”
http://wattsupwiththat.com/2013/09/03/cooks-97-consensus-dis…
Two words:-
Call council.
Easy.
So many trees would have died if all the above waffle found it to a printer.
Complaining about lost investment opportunity. Mind your own business and plant a tree on your property.
You can complain to me, I care.
tree hugger?
No I'm just here to make sure you don't become a sad panda.
cute and cuddly qo.op
I've just cut down my big tree on my corner block, I feel your anguish, so I've decided to offer you the mulch call the council if interested.
I dont know why people don't understand why Op would be annoyed about this??
This is like those times you're sitting in line at a traffic light then someone comes up beside you in a turning lane, and skips all the traffic trying to push in. Or when a shop has a killer deal, limit of 1 per person and someone is able to walk out with 10 of them.
You have done the right thing, but someone else is trying to get ahead by doing something wrong.
sounds familiar.
Found a big land selling very cheap before, because it contains rare native plants and not allow for development.after awhile, a big company (not disclosing it) bought it and make it into massive car park.
I guess the native plants survive well underneath the bitumen
That's why so many fat cats join the council. It's common knowledge round here that it is the way to get approval for things previously rejected. Once a local councillor buys a property you know the laws restricting it's development will magically change.
How do you know the tree wasnt sick?????????????
termites, rotten trunk, diseased root system.
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