FREMANTLE council could be “held to account by the judiciary” after backflipping and reinstating a large High Street fig tree to the city’s Significant Tree Register on Tuesday, the owners of the property have warned.

Tony Cattalini, son of late Fremantle mayor and pharmacist John Cattalini, warned the council the family had “strong” legal advice that rescinding a motion of two weeks ago to remove the tree’s protection (“Mighty fig tree drops off the list,” Herald, February 17, 2024) was outside the council’s powers.

• The fig outside the old Cattalini pharmacy is back on Fremantle’s Significant Tree Register.

‘Unlawful act’

The fig tree was back before the council this week after City Ward councillor Adin Lang raised a motion to rescind the earlier decision, which was made while he was on a leave of absence.

Mr Cattalini said the council’s planning scheme only gave the council the power to establish a register and “consider proposals”, not nominate or list specific trees.

“The fact is it has no mechanism for including them on the register,” he said.

A policy created to counter the problem states owners must give their consent, which the family maintains never occurred.

“In revoking a lawful mechanism to correct an unlawful act because of pressure from groups of individuals, the council is committing an offence of dictation,” Mr Cattalini said.

“This offence is serious and may see the collective council held to account by the judiciary.”

His sister Danielle Cattalini queried why the council was revisiting the fig when it had a proper quorum for the first vote, and whether any decisions made when a councillor was absent might face being overturned.

“It took 10 months to get to council, with the family working closely with the council to get it on the agenda,” Ms Cattalini said.

“In only two weeks they decide to revoke the decision and to provide the family with notice one day before, and not give us time to prepare any questions in regards.

‘Fair and valid?’

“Is this fair and valid?”

Council CEO Glen Dougall said legal advice supplied by the council’s lawyers suggested that due process had been followed.

Despite that, mayor Hannah Fitzhardinge said she felt for the Cattalinis.

“I can put myself in their shoes and I can understand the frustration they feel with the council.”

Ms Fitzhardinge said protecting the city’s tree canopy had been part of her “ethos” while on council, but the reality was the council had few powers to protect trees.

Even so, she was basing her support for the rescission motion based on the council’s original intent

 of protecting the tree for its heritage value.

Cr Lang said revisiting the debate gave the community a “voice” in the decision that it had been denied two weeks ago, and he’d been contacted by many people unhappy to see the tree under threat.

“During the last two weeks we have received drawings from architects in Fremantle showcasing what could be done on this property,” Cr Lang said.

Apartments

“Up to 30 apartments could be built, 34 car bays installed and a retail site established while maintaining the fig and maintaining the heritage bujilding.”

During public question time, Stephanie Poly from the Fremantle Environmental Collective urged the council to rescind the decision, saying that to let it stand set a precedent for other trees to be removed.

“It’s crucial to emphasise that the changing of rules arbitrarily undermines the integrity of established systems and erodes the trust in governance,” Ms Poly said.

“Registers like the Significant Tree Register serve as safeguards against haphazard decision-making.”

by STEVE GRANT