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

 


Rosebank Road, Avondale, Oak tree and Pohutukawa


MEDIA RELEASE - for immediate release, 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

Gordon Campbell:
On Andrew Little’s Debut, Mockingjay, And Drunk Texting

John Key’s credibility has taken a hammering this week – at least among the 50% of the electorate who have always had doubts about him on that score.

The other substantial story of the week has been about Andrew Little’s debut as Labour leader, which has received top marks, especially among the 25% of the electorate still voting Labour. According to some reports, the Labour caucus has been ‘in seventh heaven’ about Little’s success this week in taking it to the government in the House. More>>

ALSO:

 
 

Parliament Today:

Gordon Campbell: On Government Arrogance

Right now, National is ramming anti-terrorism measures through Parliament. This legislation will grant the SIS the power to carry out 48 hour bouts of surveillance on anyone without a warrant, and will bestow on government the power to unilaterally revoke anyone’s passports and thus deny them the freedom to travel. More>>

ALSO:

Glenn Inquiry: Report Offers Solutions To Family Violence

The People’s Blueprint unveiled today by Sir Owen Glenn’s independent inquiry into child abuse and domestic violence outlines a new, more cohesive and effective system for reducing New Zealand’s alarmingly high family violence rates. More>>

ALSO:

Environment Commissioner: Changing Climate And Rising Seas - Understanding The Science

A rising sea will be with us for a long time to come – one way or another we will have to adapt. But how high and how fast the water rises will be influenced by the speed at which the world – including New Zealand – reduces greenhouse gas emissions over the coming decades. More>>

ALSO:

Key Texts With Whale Oil Released: PM Can’t Be Trusted Over Dirty Politics Defence - Greens

John Key’s answers to questions about dirty politics can’t be trusted, after he was forced to admit that he had misled journalists and Parliament about contact with attack blogger Cameron Slater, said the Green Party today.. More>>

ALSO:

Temporary Release Crackdown Continues: Corrections Review Of Phillip Smith Case

“The review by Corrections’ Chief Custodial Officer reveals that the plan for Smith’s series of temporary releases was overly ambitious and misinformed. He’s a highly manipulative and deceptive person who although technically eligible, should not have been considered for temporary release." More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Regional
Search Scoop  
 
 
Powered by Vodafone
NZ independent news