A group of 16 neighbours had presented a petition to council calling for their removal based on a number of reasons, however, it is safety concerns that have prompted the Rural City to act.
The issue was initially brought to council at its Planning and Development Committee on December 9, before being deferred to its meeting on February 3.
It is expected to be signed off at this evening's (Wednesday, February 10) Ordinary Meeting of Council.
Shawbrook Ave resident Suzie Pearce, who planted the trees, said she understood she could plant them on the nature strip so long as she was responsible for their upkeep and maintenance.
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“(Benalla Rural City Council's) tree planting policy dated 2010 to 2014 said I would need permission to plant them, which I thought I had,” Ms Pearce said.
“However, the updated document for 2019 said I would need written permission.
“Those who have seen the trees have told me they don't know how they can be a danger to pedestrian and cars as they are at least three meters from the curb.
“But as it has been flagged as a safety issue I do expect council to pass it and they will have to be removed.
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“However, if council now asserts that trees need to be removed if they might be a danger to pedestrians or vehicles then nearly every tree in Benalla is under threat because of leaves where you could slip, for example.”
Benalla Rural City Council chief executive officer Dom Testoni said the petition council received was based on residents’ concerns about the trees blocking the line of sight to oncoming traffic.
“The 13 trees have been planted on the nature strip at the front of 10 Shawbrook Ave, which is part of the council-owned road reserve,” Mr Testoni said.
“To assess the concerns of petitioners, council engaged an independent traffic safety expert to conduct a safety assessment.
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“The assessment found the trees impact sightlines for oncoming vehicles and vehicles departing driveways and recommended the removal of all trees to ensure satisfactory stopping sight distances.
“(As) the removal of the trees is a matter of public safety, council is taking advice from road safety experts in the form of the Road Safety Assessment. ”
Mr Testoni said there was a process homeowners could go through if they wished to alter their nature strips.
“Nature strips, which are part of the road reserve, across Benalla Rural City are public land and are owned and are the responsibility of the council,” Mr Testoni said.
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“Individuals can apply to council to make changes with road reserves, such as planting vegetation.
“The council considers these requests in accordance with its local laws and other laws.
“No change can occur within a road reserve without the prior approval of the council.
“To clarify what property owners can and cannot do to nature strips, council has resolved that a draft Nature strip Landscaping Policy be presented to it for consideration by May 31, 2021.”
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