By Jessica Anstice
The owner of a heritage property in Kooweerup has illegally lopped large historic trees and made significant changes to a house, despite not having a planning permit.
In a Victorian Civil and Administrative Tribunal (VCAT) hearing on 25 September, Cardinia Shire Council went up against property owner Stephen Douglas over the Grange Homestead, a historical building that was built in 1888 on a parcel of land in Walker Street.
The iconic property was originally owned by the Hudson family and is significant to the Cardinia Shire for its historical link with the earliest settlers of the district.
Grange Homestead was therefore granted a heritage overlay by Cardinia Shire Council, meaning any significant changes to the property require a planning permit.
It was heard Mr Douglas, the current owner, went ahead with refurbishing the property without obtaining any planning permits from the council.
In February 2018, a council officer drove by the property and noticed a Silky Oak tree had been lopped, leaving only the trunk.
Later that same month, the officer inspected the property to discover construction of a laundry and bathroom extension to the house was underway, and more trees had been removed.
Upon the officer’s visit, Mr Douglas admitted that no planning permit had been sought for the works, VCAT member Judith Perlstein noted.
Cardinia Shire Council later issued Mr Douglas with a planning infringement notice for failing to submit a planning permit application.
Soon after, the council received a planning permit application to conduct two sheds on the heritage land.
The application also included a request for approval to remove a Cypress tree that was in the way of one of the proposed sheds.
The council quickly refused Mr Douglas’ planning permit application as it did not align with the heritage overlay requirements.
Despite the council’s decision, he went ahead, removed the tree and installed two new sheds.
On top of this, he constructed two concrete driveways, built a carport and carried out further works on the house extension, all without permits.
“All of the building, works and tree removal have been carried out without planning permission or regard for the heritage significance of the site and continued to be carried out even after advice and clear direction to stop was given by council officers,” Ms Perlstein said at the hearing.
The council took the matter to Dandenong Magistrates’ Court where Mr Douglas pleaded not guilty but was charged with six offences.
VCAT ordered in favour of Cardinia Shire Council, imposing an enforcement order against Mr Douglas.
Mr Douglas has been asked to reinstate the property to its original form, by replanting the trees, demolishing the sheds and removing the house extension.
He will also be required to reimburse the council’s court hearing and VCAT fees.
