A group of residents concerned with the Pyrenees Shire's approach to tree clearing in the wake of recent bushfires have obtained legal representation and are hinting at VCAT action should the clearing continue as is.
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In a letter seen by The Courier, solicitor Barnaby McIlrath said the council's hazard tree removal program has breached the planning scheme, as the removals have been undertaken without a prior planning permit being granted.
The solicitor also claims the tree removal goes against native vegetation removal guidelines set out by the Department of Environment, Land, Water and Planning (now DEECA) in 2017.
The letter calls for the council to cease the removal works until it can provide all evidence and arboricultural reports it relied on for the works.
Raglan residents who engaged Mr McIlrath raised their concerns about the clearing in April, after a significant portion of trees on Glut Road were felled by council arborists, who said the trees posed a road risk.
Residents such as Rob Pelletier, who lives on a property in the bushfire affected area, have called into question the assessment of the Pyrenees Shire's arborists.
Mr Pelletier believes the council is misusing Disaster Relief Funding Arrangement money, provided by the federal government to shires after natural disasters for emergency relief.
"Essentially it is an opportunistic effort to rip-off some federal emergency funding to just wholesale clear trees so that they reduce the level of their regular tree maintenance over the next decade or two," Mr Pelletier said.
Mr Pelletier has contacted Emergency Management minister Murray Watt about what he said is the "illegal" clearing of trees, and Wannon MP Dan Tehan.
Pyrenees Shire mayor Robert Vance said it was a "damned if you do, damned if you don't" situation, and that safety on the road was the council's top priority.
"The residents have to be aware of the fact that the council is responsible for the traffic that moves up and down these roads," Cr Vance said.
"If, as a result of a tree falling, somebody is killed or runs into a tree and damages their cars, we would then be held liable because we didn't do our job properly.
"Council is not on a vendetta to clean up all of the trees on the side of the road, that is not their purpose, they are not doing that."
Cr Vance also defended the work of the arborist employed to assess trees in the Raglan area.
Initially a larger number of trees were tagged to be removed by the arborist - however protests from the residents and subsequent assessments from other arborists have significantly reduced the amount to be culled.
"Under normal circumstances the trees would have never been touched, I agree with that, but the circumstances are not normal, they have had a bushfire through them," Cr Vance said.
"The locals are locals but they are not professionals. The arborist that we have employed is professional. That is their job, that is what they are trained to do."
The mayor also denied Pyrenees Shire Council were misappropriating federal disaster relief funding and said "we don't work like that. Give us credit for being a responsible authority".
Raglan resident Alex Corona has been one of many volunteers out tagging fire-affected trees in the area he believes should be re-considered, instead of cut down.
Such trees include ones that are leaning away from the roadside, acting as habitat for native animals, or do not pose a threat of falling over.
Mr Corona said despite the council's talk of compromise and altering their approach to tree removal, arborists were still heavy-handed.
"It is pretty much a constant battle. They know what they are not supposed to do but they keep doing it," Mr Corona said.
There are fears valuable plant and animal habitat is being destroyed including that of a number of threatened species.
