Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 


Rosebank Road, Avondale, Oak tree and Pohutukawa

21 November 2012

Rosebank Road, Avondale, Oak tree and Pohutukawa.


The Tree Council is pleased to report that a protracted and messy battle for the life of two remarkable trees in Rosebank Road, Avondale is finally over - and that both trees will be added to Auckland Council’s schedule of notable trees. Unfortunately The Tree Council’s late Chair Sigrid Shayer did not live to see the final result of this battle. However we are comforted that the trees will continue to live on in her memory, recalling how Sigrid fought so tirelessly to save them, at the very time she was battling for her own life.

Back in late 2009 The Tree Council learnt of a resource consent application by Connell Place Ltd (CPL) seeking removal of a Pohutukawa at 317-321 Rosebank Road, Avondale. At an Auckland Council hearing of this non-notified application in February 2010, CPL put forward an alternative application, whereby the Pohutukawa was still to be removed, but they offered to covenant the Oak tree, with certain work allowed within its root zone. The Hearing Commissioner granted this application, without calling for a new resource consent application.

Incensed by this process, on the 5th March The Tree Council filed ”judicial review proceedings” in the High Court seeking a “declaration that the Decision was invalid, an order quashing the Decision and an injunction restraining CPL from removing or damaging the tree”.

CPL then agreed to surrender that part of its resource consent which provided for the removal of the tree in exchange for The Tree Council withdrawing its proceedings. Part of the obligations on CPL arising from that decision was that The Tree Council were to be notified of any subsequent resource consent application to remove the Pohutukawa.

This new application duly arrived and The Tree Council wrote a submission advocating refusal of consent for the tree’s removal. We attended the Hearing of this application on 12th November 2010. The decision was that consent to remove the Pohutukawa be refused. CPL promptly appealed this decision to the Environment Court.

At the same time this was all happening it was decided that both the Oak and the Pohutukawa should be put forward as additions to the Schedule of Notable Trees within the Auckland Council District Plan (Isthmus Section). The Tree Council and dedicated people from the Avondale area remarkably gathered together over

1100+ petition signatures supporting addition of these two trees to the Schedule and the petition was presented to Council. The Tree Council and many supporters submitted to the Plan Change for addition of these two trees to the Schedule, and attended a Hearing on 2nd May 2011. It was decided by the Council that both the Pohutukawa and the Oak should be added to the Schedule of Notable Trees. CPL then lodged a further appeal of this decision with the Environment Court.

While these two cases were slowly grinding their way through the Environment Court process CPL put together two development schemes for the site on which the Oak and Pohutukawa trees grow. The Tree Council was able to participate in two meetings with Auckland Council and CPL about these development proposals and to express our views on aspects of the development that we considered compromised the future health and viability of the trees.

Earlier this month, CPL gained resource consent to progress its development plans to building consent stage. Therefore CPL have now withdrawn their appeal seeking removal of the Pohutukawa and their appeal against addition of the two trees to the Schedule of Notable Trees in the Auckland Council District Plan (Isthmus Section).

The Tree Council is pleased that this long and protracted dispute has finally been settled. Unwillingness by the developer to consider the greater amenity value the trees could offer the Rosebank Road neighbourhood if they could be seen more readily, and to re-design the site accordingly, is still very disappointing to The Tree Council. However, our experts worked very hard to get a result that is in the best long term interests of the trees sitting within the modified development plan.

The Tree Council would like all members of the public who worked so hard for the retention of these trees to continue keeping their eyes on the site to see that both trees are treated well and appropriately. Let us know if this is not the case. Our thanks for all your support over the past 3 years – we could not have done it without you.


Our sincere thanks go to our environmental lawyers Cowper Campbell for their guidance through this long and fraught process and to our experts, (arborist, planner and landscape architect) who also worked so hard on this issue.


ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Werewolf Issue #49: Gordon Campbell Interviews Laila Harre

For 25 years, Labour and National have been in virtual agreement about the basics of economic policy, and differed mainly on how to go about managing its social consequences.

Such is the power of the economic orthodoxy that when opposition parties arise – say, in the shape of the Greens – their “credibility” is measured by the extent to which they give the appearance of learning and abiding by the ruling consensus.

The tension between the desire for change – and the inability of the current political framework to deliver it – creates openings for populists of all stripes. It is what has made the emergence of Internet Mana so interesting. More>>

 

Parliament Today:

Gordon Campbell: On National’s Electorate Deals

For all the talk yesterday from Prime Minister John Key about National being transparent about its electorate deals in Epsom and Ohariu, that transparency is entirely front-loaded. More>>

ALSO:

Greens: Oil Drilling Face-Off With Labour

The key policy points in the Green Party’s plan to protect our beaches from oil spills are to:
1. Prohibit deep sea oil drilling; 2. Implement compulsory shipping lanes for coastal shipping; 3. Build Maritime New Zealand’s oil spill response capability; and 4. Introduce a stronger legal framework so that when accidents do happen, the New Zealand taxpayer does not have to pay for the clean-up. More>>

ALSO:


Nick Smith v Fish & Game:

Minister Told Of FBI Investigation, Says INZ: Coleman Must Quit Or Be Sacked Over Dotcom Case - Harré

Immigration New Zealand has done the right thing in distancing itself from Jonathan Coleman’s claims that ministers were not aware of FBI involvement in Kim Dotcom’s residency application, says the Internet Party. More>>

ALSO:

Valedictory Season: Maori Party Founders Say Goodbye

Two major Maori MPs gave there farewell speeches to Parliament Thursday outlining their history, experiences, triumphs and regrets. More>>

ALSO:

Resignation Not Accepted: Transport Minister Breaches Aviation Security Rules

"Running late for a plane at Christchurch Airport, I without thought breached airport and airline security rules by entering the gate lounge through a door usually used for exit only..." More>>

ALSO:

TAIC Report: Urgent Recommendations After Melling Rail Accident

The Transport Accident Investigation Commission has made four urgent recommendations to KiwiRail following the accident two months ago (27 May) when a Matangi passenger train collided with a stop block at Melling Station, Lower Hutt. More>>

ALSO:

Red Tape: Local Regulations Go Under Microscope

The Government says it is accepting nearly all of the recommendations the Productivity Commission has made on ways to improve local regulations. More>>

ALSO:

Spending Questions: Claudette Hauiti To Step Aside At Election

National Party President Peter Goodfellow confirms that he has received notification from List MP Claudette Hauiti that she plans to step aside at the 20 September election. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
Regional
Search Scoop  
 
 
Powered by Vodafone
NZ independent news