From: Kew Cottages Coalition <> Mailed-By:
To: "" <>
Cc: "" <>
Date: Jan 16, 2006 7:44 AM
Subject: URGENT REQUEST Re: Tree Protection Works - Tree 295 Bishop Pine
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Dear Mr. Osborne,

Further to my phone call of 23/12/5  I understand that you have still not received a response from the Landscape Architects and Contractors.

This matter is now extremely urgent.

I am writing  to request that Heritage Victoria instruct a qualified arborist to visit the site, investigate the condition of the Heritage listed Pinus Muricata (Bishop Pine) No. 295 , and take immediate remedial action without further delay.

I am advised today that:

1. The condition of the Bishops Pine has deteriorated markedly since Christmas. It now appears to be in a very poor condition as shown in the attached photographs with foliage loss that is both increasing at lower levels, and starting to move higher into the canopy;

2. The tree remains unfenced despite being shown on your approved fencing plan with a protective fence erected all around it;

3. Unsupervised trenching and pavement work appears to have been undertaken before Christmas using heavy machinery within the Root Protection Zone (as marked on your approved plan), thus breaching the Heritage permit conditions, and putting the tree at serious risk.

As you will be aware this particular Bishop Pine has been accorded the highest level of significance at Kew Cottages. It is listed on the National Trust Tree Register, and is clearly identified for complete protection both within the C53 VPO, and the State Heritage Register. It's location is clearly marked on every vegetation protection plan produced for the Cottages over the last five years, up to and including of course the current Tree Protection Plan LSK11 prepared by Walker Corporation.

Frankly, therefore, I am appalled that this situation has arisen despite all the assurances that have been made to the public by the Bracks Government that significant trees at Kew Cottages would be properly protected during the development.

At face value there now appears to have not only  been a major breech of the Heritage Permit P9639 Conditions specifically designed to protect the trees, but that offence has been compounded by the fact that both the Government and their Contractors have failed to monitor the situation, and failed to respond in a timely manner.

 The Kew Cottages Coalition views such an offence extremely seriously, and submits that Heritage Victoria should act immediately to take all steps necessary to help save and protect the Bishop Pine together with any other trees found to be at risk.

I, therefore, also request that:

a)  Heritage Victoria formally undertake a public investigation into how this offence has occurred, together with any other associated matters, including the identification of those persons responsible for works or activities not in accordance with the permit or conditions, and

b) Instruct the Owner and contractors to cease all works at the Cottages pending the outcome of your investigation, and the implementation of new procedures to adequately and comprehensively monitor and protect the trees.

I enclose copies of photographs showing the current poor condition of the Bishop Pine (Tree 295) , an extract of your approved fencing plan, and evidence of recent paving/trenching works within the RPZ shown on the latter plan.

Please do not hesitate to contact me if you need any additional information.

I look forward to receiving your response as soon as possible.

Thank you for your assistance in this matter.

Yours sincerely,

Brian Walsh

M. 0414 979 300

encs: x5 jpg images (low res email copies)

cc: Boroondara Council
cc: Don Anderson, Kew Cottages Coalition
cc: John Hawker, Heritage Victoria
cc: Kew Cottages Parents Association
cc: Minister for Planning
cc: National Trust