A COUPLE who cleared bushland to make way for a house sale have been fined more than $22,000.
Vendors Antonio and Peta Petrovic told Mornington Peninsula Shire officers they cleared their property because of the threat of bushfires.
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But Magistrate Ross Betts, who heard the case at Dromana Magistrates’ Court last week, said it seemed they were preparing the land for sale.
Real estate agent JP Dixon listed the property in the mid $900,000s while informing potential buyers the land had been cleared of undergrowth.
The drama began when council officers, acting on a complaint, visited the property at 260 Sandy Rd, Fingal, in 2010.
Shire lawyer Anthony Snooks said the green wedge-zoned land was environmentally sensitive.
“Council officers attended on September 7, 2010, and observed a large amount of predominantly understorey vegetation had been removed,” he said.
The court heard a formal inspection was undertaken on September 22, showing the bulk of the works had occurred in the middle of the property where a large bare patch had been created.
“The officer was told the work had been undertaken in preparation for the coming fire season,” Mr Snooks said.
The Petrovics were advised they could clear up to four metres from the boundary, but they contravened the planning scheme.
After another complaint from the public, council officers visited again. Mr Snooks said an inspection on September 29 revealed about 300 coast beard heath plants had been removed.
Defence barrister Brad Wright told the court the Petrovics did it to comply with fire notices but they were each charged under section 126 of the Planning and Environment Act. They were found guilty and each fined $10,000 with $1100 in costs.
VCAT ordered them to obtain a $1980 rectification plan and for the property to be replanted accordingly.
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