Sweeneys Lane – the subdivision of land within a Low Density Residential Zone, required reports on land capability and Net Gain. The site had 400 trees located on site, although in a highly degraded state. With 6 x 0.4 lots the proposal was to restore the understorey which had largely been removed through grazing and slashing. The net gain liability was for the replacement of 32 trees and 235 plants. All building envelopes and effluent envelopes had been determined by Arborist and ecologists to ensure a minimum of vegetation would be removed. The applicant proposed to dramatically increase this to 500 plants per lot (3000); however the Responsible Authority sought to have offsets placed offsite! An appeal over failure had been lodged after 12 months, which enabled discussions to continue with both Council and objectors. Objectors supported the subdivision. VCAT determined that on site offsets are part of the avoid and minimise 3 step approach to vegetation removal, with off site offsets a mechanism of last resort.