Cleaned out

By Melissa Grant
A LEGAL battle over land clearing, which was dropped after the Cardinia Shire Council failed to produce necessary evidence, has left a landowner $15,000 lighter and has cost ratepayers at least $25,000.
The council took Paul Clough to the Victorian Civil and Administrative Tribunal (VCAT) claiming he had removed native understorey from his Bunyip property.
However, after seven months the case was withdrawn – but Mr Clough had incurred about $40,000 in legal fees.
Last month, VCAT ordered the council to pay Mr Clough $25,000 in costs in a full and final settlement.
The saga started when a “greenie group” claimed native understorey was illegally removed from the property in May 2008, Mr Clough said.
But, according to Mr Clough, the claims were bogus. He said he had employed the services of a local contractor to rotary-hoe paddocks as he prepared to replant some grass, rather than illegally remove vegetation as claimed.
“The shire came after the event and jumped to conclusions, saying I had illegally cleared the land,” Mr Clough said.
“Basically the shire came along and whacked me with a big stick for something I haven’t done.
“If their case was so strong they should have pursued it all the way through.”
Last October, VCAT ruled that the council had until 1 December 2008 to produce all photographs and maps, witness statements and identification of the approximate number, size and location of all native vegetation allegedly removed from Mr Clough’s property without a planning permit.
VCAT member Dalia Cook ordered the council to provide Mr Clough with a copy of all statements and other evidentiary material in its possession, which would be relied on, within 21 days.
But this didn’t happen and the case was withdrawn.
Mr Clough said the council wanted him to plant 800 to 1000 trees or shrubs on three-quarters of an acre, have the area protected by Section 173 agreement as well as fine him $500. He said he had employed the services of a QC because he felt the council was trying “to steal part of his land”.
Cardinia Shire Council General Manager Planning and Development Phil Walton said the council had a duty under the Planning and Environment Act to enforce the Cardinia Planning Scheme and was committed to protecting and enhancing the natural environment.
“Following a complaint about the removal of understorey vegetation on the property in question, council officers investigating formed the view that native vegetation had been removed without a permit,” he said.
The Gazette asked what evidence the shire had against Mr Clough, but Mr Walton declined to answer.
Mr Walton said the council decided to withdraw the application, for an enforcement order to VCAT, after Mr Clough made representations to the mayor and council officers asking the matter to be withdrawn.
Mr Walton said the $25,000 settlement was reached after both parties decided it was in nobody’s interest to continue to pursue the matter through VCAT.
Mr Clough said that ratepayers should know about the case because it was a waste of their funds and feared something similar could happen to another landowner.
“I still would like them to answer a few questions … maybe an apology or an assurance it won’t happen to someone else,” he said.