Appeal Against Cutting Down Walnut Tree -- Tribunal Decision Is Out

Last week the decision was handed down by Tribunal. But first a recap--

We appealed a Council decision to cut down a walnut tree that had heritage significance. No reason was given why the tree was to be cut down. On appeal we learn that an aborist from the Botanical Gardens, Jerry Romanski said the tree was dying and should be cut down. The tree was dying because the roots had been cut and no 3 metre boundary had been put around the tree during construction as directed by a Tribunal.

We appealed on the basis that  Mr. Romanski said to Tony Jacobs in a private conversation that he could really only be positive the tree had no hope when examined in January with the stress of the summer dry (he examined it in June). So that was our appeal--lets examine the tree again in January and if it has no hope, we will withdraw our appeal.


This wasn't good enough for Mehrab-Khani or Hobart City Council. They wanted no adjournment, they wanted decision from Tribunal there and then.

Notice NO barrier around tree. It had been hacked with a chainsaw and had it's roots cut and driven over by a bobcat and even Mehrab-Khani's black BMW as seen above. Council ignored any letters or emails over a 2 year period and only enforced a perimeter during a Council blitz right at the end. Even then there was no 3 metre protection all around the tree, only at the sides.

The decision from the Tribunal came out last week. We won! Unbelievably, we won with a long shot. The tribunal basically said that the object of the clause was to protect the tree and Council had no power to change a Tribunal decision! Ironically, if Mehrab-Khani and the Council agreed to adjourn the proceedings until the tree could be examined in January, it is likely we would have withdrawn our appeal!! Now the tree stays. Tony Jacobs played this beautifully, while maintaining a realistic exit strategy. The gung-ho tactics of Council worked against them.

This ruling is good news for us for the next Tribunal against Unit 1 because there were breaches of the last Tribunal 5 years ago. The "take away" from all this as far as I am concerned is that Council had no power to change a Tribunal decision!

Tribunal number 2 for Unit 1 will happen some time next year, meanwhile there is an indefinite freeze on building at Unit 1 until this is resolved!