By Grace Frost
*Investigations have concluded since this piece was published. View the outcome of the investigations here.
Mitchell Shire Council is investigating alleged permit breaches at a development on the outskirts of Kilmore.
Developers began work at the site on Kilmore-Lancefield Road and Butlers Road last month, and began to cut down about 200 trees.
Kilmore residents raised concerns for the safety of wildlife after Allequip Construction began removing and burning the trees.
Nearly 18 hectares of land near Kilmore Cemetery is undergoing development, set to become the new Parkview Estate, that will include about 110 residential lots, a commercial and community precinct, five hectares of active open space, and a waterway reserve.
Allequip Construction director Martin Cornfoot said his company had ‘met all legal obligations prior to commencing works’.
But Mitchell Shire Council chief executive Brett Luxford said council was investigating alleged planning permit breaches and exploring enforcement options if a breach had occurred.
He said council had taken enforcement action in relation to the burn-off of felled trees.
“A council officer attended the site. Enforcement action has been taken in relation to the fire,” he said.
“The planning permit has clear conditions around the requirements for vegetation removal and flora and fauna protection.
“Council is investigating the alleged planning permit breaches and exploring enforcement options if a breach has occurred.
“It would be inappropriate to comment on the matter while that investigation is underway.”
Environment condition 35 of the planning permit for a multi-lot subdivision requires vegetation/trees identified for removal/felling to be examined by a suitably qualified zoologist for the presence of native wildlife, including those using external nests, tree hollows or under decorticating bark.
Hamilton Environmental Services conducted a flora and fauna assessment in 2016, stating that ‘no rare or threatened species [were] observed at the site’, and the development of the property ‘would not result in the loss of any native vegetation, and so no offset would be required’.
A council spokesperson said the Department of Environment, Land, Water and Planning, DEWLP, did not raise any concerns about the vegetation proposed for removal in 2020, stating the ‘previous assessment undertaken remains suitable’.
Wildlife rescuer Mary-Anne Johnson said she believed no qualified wildlife expert was on site, and that council should have required a qualified arborist on site as part of permit conditions.
“The legal requirement to have a qualified arborist and wildlife representative on site is not there currently thanks to Mitchell Shire planning. I have asked councillors to have this reviewed but never got any feedback on this from my meeting with them in 2021,” she said.
Ms Johnson questioned the validity of DEWLP’s 2020 decision, with the original flora and fauna report having been conducted nearly six years ago. She said there could have been changes to habitation at the site since 2016.
She said another site inspection should have been conducted as both the endangered species list and protection act had been updated.
Ms Johnson said requirements for development approval needed to be revised.
“Council have not made it a requirement to perform another flora and fauna report, but clearly this shows another one should be done prior to commencement of any works,” she said.
“A lot of species differ now to what the report was in 2016.”
Ms Johnson said birds and possums in the area were given ‘a death sentence’.
“To my dismay, I discovered the trees were full of birds, kookaburras, galahs, rosellas, crested pigeons, ravens, magpies and wattlebirds,” she said.
“We discovered a severely injured possum on the cemetery boundary with head trauma. Unfortunately, [the] possum did not survive the walk out of the cemetery.
“All I want is change. I want people to take what happens to wildlife seriously and would love to see all departments, developers working together for far better outcomes than what we have now.”
Mr Cornfoot said each tree had been inspected as they were removed and he had ‘taken all necessary steps’ to protect native flora, fauna, and animals.
“I take pride in my works and don’t wake up in the morning wanting to damage the environment or kill innocent animals,” he said.
“The removal of these trees took place over three days and as you could imagine is not a quiet process so animals would have naturally moved on had they been present.
“Each tree was placed on the fire after being inspected by our employees for any native wildlife, [of] which none was found.”
Mr Cornfoot said development at the site would assist in addressing Mitchell Shire’s growing population, as well as benefit the environment.
“Given the expectation that the Mitchell Shire’s population will grow by 333 per cent in the next 20 years, there is going to be a large development growth in order to house said population,” he said.
“The proposed vegetation to be planted in this development and the screening corridor will provide a greater habitat value than the existing, including improved understorey.”
Mr Cornfoot said his office staff had been disrupted by calls from residents who questioned why his company was completing the works ‘illegally’, which he said was not the case.
“I am now spending the time I should be on site completing the approved works […] to try and make sure that the community is given the correct information,” he said.
