Tweed Echo – Issue 2.50 – 26/08/2010

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THE TWEED Volume 2 #50 Thursday, August 26, 2010 Advertising and news enquiries: Phone: (02) 6672 2280 editor@tweedecho.com.au adcopy@tweedecho.com.au www.tweedecho.com.au

HUGE 4 page feature – pages 12-15

LOCAL & INDEPENDENT

Landmark tree on death row Ken Sapwell and Luis Feliu

Chinderah residents are leading the charge for an overhaul of council’s tree protection laws after winning an uncertain reprieve for a commemorative fig tree planted in their village 114 years ago. They are demanding that the council broaden its laws to bring them in line with neighbouring councils to better protect trees considered to have historic or heritage values. In the meantime locals fear publican Rick Adams might try to axe the landmark tree a second time. Kingscliff arborist Brett Hamlin foiled the first attempt following a community tip-off about the local giant’s imminent removal from the carpark of the Chinderah Tavern early on Monday morning. He seated himself at the base of the tree and stayed put despite the arrival of police, preventing a small army of workmen from using their chansaws. The frustrated contractor ended the stand-off by driving away after dozens of residents began arriving to express their shock and dismay about the sudden decision to destroy it. Mr Adams, who heads the Taphouse Group which also owns pubs at Coolangatta and Kingscliff, has given an undertaking to consult with locals before calling in contractors again.

Limb collapses Residents first feared the tree was under threat after a large limb collapsed last week and Mr Adams said its fate would be decided by insurance assessors. Longtime local Geoff Togo said the tree was part of his childhood, and was remembered fondly by many of his mates who used it to gain free admission to a picture theatre which once stood nearby.

Arborist Brett Hamlin, seated, talks to police and representatives of the tavern after he held a protest sit-in under the tree on Monday morning to protect it from the chainsaw gang. Photo supplied

‘We used to climb along that huge limb up there because it over hung the balcony of the old picture theatre and the projectionist would always allow us kids to sneak in. It would be a real loss to see it go,’ said Mr Togo. Mr Hamlin, a qualified professional arborist, said he had inspected the tree and it was in a healthy state. He said the fallen limb had been under stress from tonnes of cactus and other weeds which covered it. ‘The tree is valued by the local community and many believe it’s about time that the council brought in laws which give some measure of protection to save the loss of many more local landmarks,’ Mr Hamlin said. ‘Residents believe it’s being re-

moved to make way for a redevelopment of the pub and would like to see laws which would provide some measure of protection to such local landmarks. The tree is really valued highly by the local community. ‘Our tree protection laws are nowhere near as strong as those on the Gold Coast and other councils in northern NSW.’ ‘As a community we need to stop this kneejerk reaction tree removal; this is a significant Chinderah landmark.’ Tweed Shire Council’s planning director Vince Connell said the tree was once identified as significant in a community-based heritage study done in 2004-05 which mostly in-

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Property values concern That list was later reduced by council as a result of objections to the LEP from people concerned it could affect property values. He said the proposals were sent to the state planning department but

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cluded ‘built-form heritage’ items listed for protection. The fig tree is not included in the shire’s two current tree preservation orders (TPOs) which affect different parts of the shire and its vegetation. Mr Connell said a later draft study recommended a range of heritage items for inclusion in the Tweed Local Environment Plan (LEP) of 2005 including the fig tree.

were not re-exhibited because of the move by the state to reduce the number of older LEPS with a streamlined template-style LEP, and the old draft LEPs ‘ceased to exist’ from June 30 this year. ‘There have been discussions to revisit it, but nothing has been advanced by the current council,’ he said. Mr Connell said there was a ‘recognition that the shire’s TPO regime needs updating’ as well as the LEP so that protection status ‘legally sticks’. Tweed councillor Katie Milne said the tree, which stood on private property, should be protected by council rules or listed on a signficant tree register but was not. ‘The council has resisted all past attempts at adopting some heritage controls which could protect important trees like this one,’ she said. ‘It’s hard to believe the Tweed with so many historic and significant trees doesn’t have protection for them, even the Gold Coast has a blanket TPO (tree preservation order) and Byron council also has them. ‘When the heritage study was first proposed, a few business owners in Murwillumbah and Tweed Heads objected and they were later shelved, and now that study is completely out of date and the whole process has to be started all over again. ‘There’s now no intention to do the next stage review of the LEP (local environment plan, which could include heritage protection) until 2012. ‘What annoyed many was that fears the tree would be chopped down were allayed on Friday but on the Monday the contractors turned up very early in the morning and were sharpening their chainsaws. ‘There’s nothing wrong with the tree, it’s only neglected, the owners had let the cactus grow to such an extent, there’s also a tree limb with

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