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Plan Change 129 : Notable and Public Trees

 
This page contains information about the proposed District Plan Change 129: Notable and Public Trees.
Updated: 21/05/2019 4:16 p.m.

Affected Part of District Plan:

Chapters 14, 59 and Appendix 2

Contact Person:

Melissa McGrath – Manager, District Plan, Whangarei District Council

Summary:

PC129 proposes to replace the "Heritage Tree" provisions in Chapters 14, 59 and Appendix 2 of the Operative Whangarei District Plan (WDP) with one district wide chapter titled "Notable and Public Trees (NPT)" that relates to the protection of individual trees or groups of trees.

 

Both individually and collectively trees provide a significant contribution to the historical, ecological, cultural and amenity values of the District. Those specimens that exemplify these characteristics are identified as being "notable".

The Standard Tree Evaluation Method (STEMTM) is used for the identification and scoring of trees identified as being potentially worthy of protection in the district plan.

Trees in road reserves, parks and reserves make the streetscape more appealing while improving pedestrian amenity and public health and provide important ecological functions. However, road reserves, parks and reserves facilitate a wide range of uses which can conflict with the presence of trees.

As such Trees over a certain size in road reserves, parks and reserves are referred to throughout the proposed NPT chapter as "public trees", with allowances made for necessary works while accommodating suitable protection.

PC129 forms part of Council's rolling review of the District Plan over a 10 year period.  The review of the 'Heritage Tree' provisions in the WDP has identified:

  • Conflicts between trees and private land uses;
  • Conflicts between maintenance and efficient operation of infrastructure and the call for protection of trees;
  • Heritage trees have identified social, cultural and environmental values; 
  • The need to ensure that trees are considered in relation to future generations, and therefore identified and retained through future subdivision and development processes;
  • The benefit associated with enabling trees on road reserves, parks and reserves to be efficiently managed in order to support the ongoing retention of this asset. 

The change from 'Heritage Trees' to 'Notable and Public Trees', recognises that a large number of trees afforded protection under these provisions are located on road reserves, parks and reserves and that those scheduled in the WDP are not necessarily scheduled for their heritage values, rather a range of Submissions can seek to add or remove trees from the schedule following notification of PC129.

Appeals

At it's meeting on Thursday 21 March 2019 the Planning and Development Committee under delegation from Council accepted the Recommendation of the Hearing Panel in the matter of Plan Change 129 Notable and Public Trees. This Decision was notified on Wednesday 3 April 2019.

Details of the Decision and the Recommendation Report are available under the 'Decision' tab below.

During the appeal period three appeals were lodged with the Environment Court. Details of these appeals are available from the 'Appeal' tab below.

Status:

  Appeal period closed - 20 May 2019
 

Viewing the documents

Documents relevant to this plan change are listed under the headings below. To view them, click on the '+' next to each heading. Each document displays in a new window.

Reporting Planner's Right of Reply [3565.2kb]
Section 42A Hearing Report [744.6kb]
s42A - Attachment 1 – Proposed Notable and Public Trees Provisions - as notified [281.4kb]
s42A - Attachment 2 – Summary of Submissions (by topic) [947.9kb]
s42A - Attachment 3 – Summary of Further Submissions [757.2kb]
s42A - Attachment 4 – Recommended Amendments to NPT provisions (Track Changes) [404.5kb]
s42A - Attachment 5 – Recommended Amendments to NPT Provisions (Clean) [365kb]
s42A - Attachment 6 – Statement of Evidence Simon Miller [548.4kb]
s42A - Attachment 7 – Legal Opinion on Notable and Public Trees Provisions and Designations [343kb]
Statement of Evidence - Louisa Gritt on behalf of the Director General of Conservation [133.9kb]
Statement of Evidence - Frank Newman on behalf of Landowners Coalition Incorporated and Kelbrook Holdings Limited [3171.9kb]
Statement of Evidence - Mark Chrisp on behalf of Heather Rye [863.3kb]
Statement of Evidence - Marina Hetaraka on behalf of Northpower Limited [326kb]
Statement of Evidence - Stuart Barton on behalf of DC Empires Ltd [2268.4kb]
Statement of Evidence - Michael Day on behalf of Northland Regional Council [31.4kb]
Statement of Evidence - Russell Mortimer on behalf of Whangarei Intermediate School [1057.4kb]
Statement of Evidence - Stephen Westgate on behalf of Northland Masonic Trust [453.4kb]
Statement of Evidence - Michael Wood on behalf of the New Zealand Transport Agency [204.7kb]
Statement of Evidence - Sarah Mclean on behalf of Transpower New Zealand Limited [568.1kb]
Statement of Evidence Vicki Toan on behalf of GEK Property Nominees (Northland Hospitals) Limited [468.7kb]
Statement of Evidence - Heather Osborne on behalf of Whangarei District Council Infrastructure Group [688.4kb]
Statement of Evidence - Michael Batchelor on behalf of Whangarei District Council Infrastructure Group [856.1kb]
Statement of Evidence - Brendon Tong on behalf of Whangarei District Council Infrastructure Group [4214.3kb]
Statement of Evidence - Nick Marshall on behalf of Whangarei District Council Infrastructure Group [1918.4kb]
Tabled Evidence - Council Officers (District Plan Department) [557.9kb]
Tabled Evidence - Northland Regional Council [685.7kb]
Tabled Evidence - Bryce Jones [2086.9kb]
Tabled Evidence - Whangarei District Council (Infrastructure Group) [3751.2kb]
Tabled Evidence - Dave Wolland [283.6kb]
Tabled Evidence - Frank Newman on behalf of Landowners Coalition Incorporated and Kelbrook Holdings Limited [277.7kb]
Tabled Evidence - Margret Hicks [1673.6kb]
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