Bathurst Regional Council refused to allow the owners of a Hope Street residence to remove the massive trees for the construction of a dwelling within the property at its monthly meeting on Wednesday night.

The owners also asked for permission to remove a kurrajong tree from the property because it would impede access to the proposed dwelling and the roots would affect the foundations.

Council has denied the removal of the two large pin oak trees on two previous occasions.

In a report to council, director of engineering Doug Patterson said the trees were part of a group of mature trees that dominate the surrounding landscape and were once part of the large significant garden of 136 Hope Street, before the area was approved for a seven-lot subdivision.

An application to remove the trees was denied as part of the original Development Application that council approved in 2000. A further request to remove the trees was made in October 2007 and was refused.

“With careful construction techniques and ongoing tree maintenance practices, the tree would be able to remain in a healthy and stable condition and coexist with the property for many years to come,” the report said.

It said the trees are situated within the Bathurst Heritage Conservation Area.

At Wednesday night’s monthly meeting, councillors voted to refuse permission to cut down the two oak trees and permit the removal of the Kurrajong tree.

Cr Tracey Carpenter said the trees were quite clearly in good health.

“Council places very few tree preservation orders: three in 2006 and five in 2007 and none this year. It’s not a step taken lightly but we have the best justification and [it’s for] the long term interest of the community,” Cr Carpenter said.

Cr Ian North said the most wonderful thing about the Hope Street area was its big old trees.

“I don’t think subdividing should ever have been done. I feel sorry for the people who bought the property but we’ve got to protect what we can,” he said.

Cr Ross Thompson voted to grant the owners permission to remove the trees.

“My greatest concern at leaving the tree is the risk to human life imposed. As a keen advocate for the environment I believe we still must be pragmatic about our decisions,” he said.

Cr Monica Morse said the trees were a part of Bathurst’s heritage.

“It’s very wise to have a safeguard to protect heritage. Anyone who buys a house in that area knows these sorts of things. Just because they found out later on that it didn’t suit them doesn’t mean it should change,” she said.