NEIGHBOURS in Somers are preparing to fight a council planning permit application to remove at least 23 trees from a property in their court.
The Dover Court residents may seek the lifting of a 30-year-old vegetation height restriction covenant in a bid to save the trees, mainly maturing eucalypts.
Apart from a Mornington Peninsula Shire refusal to act on the application, residents' only hope of saving the trees appears to be unanimous agreement by all property owners covered by the height covenant to agree to removal of the restriction from their titles. The 4.2-metre restriction is being used by a neighbouring Beach Hill Road property owner to have some trees cleared and others pruned in order to improve or restore sea views.
It is understood the planning application was made by the owners of the trees after suggestions that they may face legal action. The Dover Court neighbours say the owners of the trees want to retain them despite signing an application for their removal.
Last week, some of the residents requested that their ward councillor Reade Smith intervene.
Next door neighbour Kevin Braddy is nonplussed that at least eight trees along his boundary face the axe.
"These well-matured, healthy trees are havens for birds and koalas – my two grandchildren have named two koalas who are regular visitors to the trees Grumpy and Matilda," he said. "At every turn we are encouraged to vegetate the planet and help combat greenhouse gases. It's a pursuit of practically Holy Grail proportions by our council."
Mr Braddy said if someone could use a property covenant to force a neighbour to remove trees, then it could create a snowball effect and threaten trees growing on other blocks in the subdivision.
Mr Braddy fears that his property may be targeted next.