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

Parliament Kicks Off: Carter Re-Elected Speaker

The 51st Parliament held its commission opening today with MPs sworn in and David Carter elected Speaker.

The day began at 11am with the three Royal Commissioners – the Chief Justice, the Court of Appeal President, and the Chief High Court Judge – declaring the new Parliament open.

After the Commissioners left the Chamber the swearing in of MPs took place in alphabetical order. Unlike some previous openings all MPs managed to swear on the bible or affirm their oath without any hiccups... More>>

 

Labour: Review Team Named, Leadership Campaign Starts

Labour’s New Zealand Council has appointed Bryan Gould as Convenor of its post-General Election Review. He will be joined on the Review Team by Hon Margaret Wilson, Stacey Morrison and Brian Corban.

ALSO:


Roy Morgan Poll: National Slips, Labour Hits Lows

The first New Zealand Roy Morgan Poll since the NZ Election shows National 43.5% (down 3.54% since the September 20 Election). This isn’t unusual, National support has dropped after each of John Key’s Election victories... However, support for the main opposition Labour Party has crashed to 22.5% (down 2.63% and the lowest support for Labour since the 1914 NZ Election as United Labour). More>>

ALSO:

In On First Round: New Zealand Wins Security Council Seat

Prime Minister John Key has welcomed New Zealand securing a place on the United Nations Security Council for the 2015-16 term. More>>

ALSO:

TPP Leak: Intellectual Property Text Confirms Risk - Jane Kelsey

The US is continuing its assault on generic medicines through numerous proposed changes to patent laws. ‘These are bound to impact on Pharmac if they are accepted’, according to Professor Kelsey... Copyright is another area of ongoing sensitivity... More>>

ALSO:

RMA: Smith Plans Reform To Ease Urban Development

Newly appointed Environment Minister Nick Smith has announced Resource Management Act reform to foster urban development, where high land prices and expensive resource consents are blocking efforts to provide affordable housing. More>>>

ALSO:

Gordon Campbell: On New Zealand getting involved (again) in other people's wars

Apparently, the Key government is still pondering how New Zealand will contribute to the fight against Islamic State. Long may it ponder, given the lack of consensus among our allies as to how to fight IS, where to fight it (Syria, Iraq, or both?) and with whose ground troops, pray tell? More>>

ALSO:

Gordon Campbell: On child poverty, and David Shearer’s latest outburst

The politicisation of (a) the public service and (b) the operations of the Official Information Act have been highlighted by the policy advice package on child poverty that RNZ’s resolute political editor Brent Edwards has finally prised out of the Ministry of Social Development. More>>

ALSO:

Gordon Campbell: On the government’s review of security laws

So the Key government is about to launch a four week review of the ability of our existing legislation to deal with “suspected and returning foreign terrorist fighters, and other violent extremists.”

According to its terms of reference, the review will consider whether the SIS, GCSB and Police are sufficiently able right now to (a) investigate and monitor suspected and returning foreign terrorist fighters… More>>

ALSO:

Labour Davids: Lisa Owen Interviews David Shearer

David Shearer still mulling whether to stand for Labour leadership but says his family doesn’t think it’s a good idea. Declares that it will be “incredibly divisive” for the Labour caucus if David Cunliffe returns to the role of leader. More>>

ALSO:

Taser Use & False Evidence: Timaru Officers "Failed To Follow Good Policing Practice"

The Authority found that even if Mr Reuben’s contact with the officer was deliberate it amounted to only a minor assault. While it found the use of the OC spray was justified, the use of the Taser was not a proportionate response... More>>

ALSO:

Little Surprise: Andrew Little To Contest Labour Leadership

I have decided to contest the Labour Party leadership. There are three immediate issues to deal with: creating greater cohesion across the caucus, rebuilding the relationship between caucus and the Party and, most importantly getting the process under way to listen to the voters who have abandoned us... More>>

ALSO:

Two Fewer Votes In Recount: "Positive Result" - Harawira

When I applied for a recount of the votes from the Tai Tokerau election, I made it clear that this application was not aimed at overturning the election result, but ensuring that all votes cast by Maori were treated with due respect, regardless of whether those votes are for Labour, Maori Party or MANA. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Regional
Search Scoop  
 
 
Powered by Vodafone
NZ independent news