Win for City of Nedlands against builder’s bushland blunder

The City of Nedlands has welcomed a court ruling prosecuting Probuild Constructions (Aust) Pty Ltd for damages to bushlands near Blackburne Property Group’s Aria Apartments on Alfred Road, Swanbourne.

Magistrate Brian Gluestein fined Probuild $120,000 and ordered the company to pay the City $17,500 in costs on 14 December, after Probuild was found guilty of a charge brought by the City under s.218(a) of the Planning and Development Act 2005.

Probuild also gave an undertaking to pay reparation for the reinstatement of the affected bush to the City’s satisfaction as part of the decision.

In mid-2015, the building company cut a path into neighbouring bush, south of the building site, to stockpile sand instead of using Swanbourne Primary School’s oval as had been arranged.

City of Nedlands staff found a bobcat had been used to clear just under 20 per cent of the bushland, which had been in relatively good condition before the soil profile was disturbed. 

“The City of Nedlands is pleased with the result and good work of council employees in presenting the evidence,” Mayor Max Hipkins said.

“Council remains vigilant to ensure builders and developments comply with all regulations and will consistently enforce the rules.

“The bushland concerned is a C-class reserve, which means it needs special consideration in development plans.

“This should be a warning to all developers and builders of their obligation to protect bushland adjacent to work sites.”