Dispute likely over units adjoining historic Westbury property

Left off the Heritage Tasmania register by mistake, historical trees at Fitzpatrick’s Inn in Westbury have their branches lopped by the owner of the adjoining property, an action that was justified as a safety issue.

Photo supplied

By Sharon Webb

AN APPLICATION to build three modern units on a Westbury block with historic trees on its boundary will go to Tasmania’s planning tribunal after Meander Valley councillors blocked it.

The dispute underlines Meander Valley municipality’s lack of protection for heritage items in its current and future planning schemes

Robert Grey, the owner of the block at 34 Marriott Street applied to Meander Valley Council to subdivide and build three units (in addition to the existing house), one of which will be 1.75m from Fitzpatrick’s Inn boundary with six historic trees

The boundary line is unclear and Heritage Tasmania is said to have ‘bungled’ heritage listing of the trees, which for 30 years were presumed to be protected.

After hearing from the Inn’s owner, Pam Swain, councillors voted to block the application.

Puzzlingly though, they also blocked planning officers’ recommendations to keep the privet hedge which would have hidden the units from Meander Valley Road.

Mrs Swain said she didn’t object to the development but wanted to protect the trees, now 100-150 years old.

the boundary and if branches and roots are removed in the building process the trees may die – or are likely to come down in a storm and fall on a house and its occupants,’ she said.

‘These trees are there now and according to the arborist they have a long lifespan.

‘Surely there is room for change to allow for the trees and the development? I am looking for a win-win solution to this.’

Councillors Kelly and Sherriff supported the development, while Cllr Cameron said abetter configuration for the units was needed.

Cllr Rodney Synfield would not support the development and Cllr Frank Nott was of the same view.

‘It’s totally out of character and we’ve now removed protection for the hedge which may have partially hidden the site,’ Cllr Synfield said.

‘The local area objective says any new development is to be designed such as it does not dominate or detract from heritage character or adjoining residential character.’

Cllr Nott said, ‘The character of the area is important and I am conscious of Fitzpatrick’s Inn’s status not only in Westbury but in northern Tasmania.

‘I’d be more likely to support two units on the block but my key point is I need to know exactly where that boundary is.’

A Heritage Tasmania spokesperson said Fitzpatrick’s Inn is entered on the Tasmanian Heritage Register as a place of historic cultural heritage significance to Tasmania.

‘A stand of mature trees on the property’s eastern boundary was believed to be included in the listing but further investigation found them to be on a separate property title that is not currently subject to the provisions of the Historic Cultural Heritage Act 1995.

‘The fact these trees are not heritage-listed does not reduce their importance or heritage value.

‘Heritage Tasmania will review this matter, in consultation with the owner, and determine if the entry for the Fitzpatrick’s Inn should be amended to include the property’s historic trees to give them due recognition as a heritage feature of this place.’

Cllrs Johnston, King, Kelly and Sherriff supported the development while Cllrs Nott, Synfield, Temple, Cameron and Bower rejected it.