Brushbox tree kept, with 15 submissions treated as one
Central Coast Council staff have determined that a healthy brushbox tree in Kourung St, Ettalong, must be retained, but in the process have decided to treat 15 submissions as one.
The development application had stated that: "The street tree at the front of the property is subject for removal for clearance to the proposed new driveway crossing."
The Grow Urban Shade Trees group has welcomed the retention of the tree.
"Trees and driveways can co-exist," said group member Ms Deb Sunartha.
"Excited to see these new protections and hopeful that this will become the norm."
While welcoming the decision to retain the tree, the Peninsula Residents Association said that the Council's decision to treat 15 submissions as one created a dangerous precedent.
If the council receives 10 or more unique submissions, the application must be determined by the Local Planning Panel.
"We are most concerned that 15 submissions from the public have been, to use the words of the report; 'considered one unique submissions'," said Association committee member Mr Frank Wiffen.
"All of the submissions are distinctive in character and different from one another," he said.
"Just because they all cover the same issue is no justification for labelling them 'non-unique'.
"Each one of them represents a member of the community taking the time and trouble to express their legitimate concerns in their own words.
"Casually relegating them as 'non-unique', without a shred of explanation or justification, is a matter of grave concern.
"It seems likely that if this determination is allowed to remain uncorrected it will set a standard for future unjustified relegation of submissions as non-unique.
"The conclusion that this was done solely in order to avoid Development Application DA287/2022 being determined by the Local Planning Panel is inescapable."
Mr Wiffen said a Ministerial Direction defined a "unique submission" as "a submission which is in substance unique, distinctive or unlike any other submission".
"Separate unique submissions may be made in relation to the same issue.
"One individual, or one household, could potentially submit multiple unique submissions.
"It does not mean a petition or any submission that contains the same or substantially the same text."
Mr Wiffen said: "We are confident that any impartial person or body would find that each of these submissions is unique according to the definition of the Ministerial Direction."
SOURCE:
Social media, 18 Oct 2022
Grow Urban Shade Trees