This decision of the Victorian Civil and Administrative Tribunal concerned owners of a property seeking a declaration that they can remove a tree without a permit under their local Planning Scheme. Objectors to the application raised concerns that the tree was useful for habitat.

• An allegedly sick tree was located on a property which fell under a Vegetation Protection Overlay. This meant that a permit was required to remove the tree. The applicants sought an order of VCAT that a permit was not required

• There is an exception to the requirement to obtain a permit in the overlay which allows removal of vegetation which presents an immediate risk of personal injury or damage to property. The tree in question leaned over the fence line into a separate property and one limb as recently fallen and caused damage to the fence.

• The Applicant presented evidence that radar testing and climbing inspection were undertaken by independent experts and it was demonstrated that the tree was indeed in great decay and would cause a danger, even if limbs were removed to mitigate the danger as suggested by the objectors.

• The objectors expert was declared to not be independent, but suggested that the tree should be kept as it was valuable as hollows and for nesting sites.

The VCAT member declared that the tree did cause an immediate risk as required for the exception for the permit and that its removal was warranted.

• The full decision is available on Austlii