Residents stood as disbelief watching as the tall timber was cut down and removed off site.

The garden at the front of the property at 37 Raglans Street was locally known as the ’little botanical gardens’,” one resident said.

Mayor Don Henderson said a new owner had purchased the property and submitted an arborist's report stating the trees were dangerous, “as there was a concern that the vegetation presented was a risk to property and persons said Mayor Cr Henderson.  “Originally the first report was rejected by council, and  we (council) requested not only an arborist report but also a report from a qualified risk assessor which we received.”

"The council has done everything in its power to see the right thing," Cr Henderson said.

"We've been careful to ensure only those trees that needed to come out have come out.

"An arborist's report will tell you it's decayed inside."

Cr Henderson said he was also unhappy about their loss and proud of the fact residents and ratepayers were so concerned. But the council was bound by certain rules, he said.

A spokesperson from the Environmental Heritage Advocate at the National Trust of Australia Victoria confirmed that the property at 37 Raglan St is partially covered by a Heritage Overlay (HO 698) under the Hepburn Planning Scheme.

“The schedule to the Heritage Overlay Heritage Precinct shows that tree controls do apply within the Precinct.”

”There may however be overriding exemptions elsewhere within the Planning Scheme, as there are many layers to the plan and the layered nature means that there are several exemptions where permits are not required to remove vegetation.”

Cr Pierre Niclas said, "Given the on-going level of concern by the local community and to ensure only affected trees have been removed, through the Mayor I have requested that at the earliest possible opportunity all councillors receive a detailed briefing from our Planning Department to ensure all councillors are fully informed on is matter."

However many residents were questioning the validating of the arborist report.

 “There about the healthiest specimens we have ever seen.” Said resident Galena Debney.

These trees live in a protected environment along this street, she said.

Worried that this may be a precedent for the area, questions are now being asked about the shire’s heritage register, “For over 20 years I put in regular requests with council to establish a significant tree register. I would be happy to volunteer my expertise to help and go out and do their leg work.”

Geoff Vincent is unhappy with the shire heritage information on the shire’s website, “You can have the feel good situation to register it but there are no regulations in place if somebody decides to cut one down.”

Rob Imhoff said, “Daylesford is known for many attractions, one of those attractions was a mature historic garden positioned on the road. He said The new owner has decided to “desecrate this garden. How could the council allow this happen?”

The local arborist who cut the trees down would not comment on the total amount of trees brought down and said the trees were not rotten.

Cr Kate Redwood said, “I have been overwhelmed with the response from local residents who are totally appalled and dismayed.

“In short we did not have the power to stop this vandalism from occurring. It is not a huge leap of imagination to guess that the owners will be bringing an application to council for construction of dwellings on the site.

“We will clearly want to keep a close watch on anything proposed for such a significant streetscape,” Cr Redwood said.

“Meanwhile I believe that we (council) need to refocus on the Significant Tree Register which was commenced in 2011 and never completed.

“Once completed we the council need to adopt it and resolve to have it appended to the Hepburn Planning Scheme, so that it has proper status in our planning blueprints.

“We need also to consider what the criteria are in general for a significant tree, and what procedures need to be in place for anyone who wants to remove one – be it on public or private land.

“There needs to be independent arborist advice and also provision for off sets where removal of a tree is approved.

“In the event that a significant tree is removed outside council’s procedures then there need to be significant penalties.