20 March 2012
Auckland Council recently notified and sought submissions on a number of Plan Changes which identified and protected specific trees and groups of trees throughout the region. The Resource Management (Streamlining and Simplifying) Act of 2009, prevented Councils having general tree protection rules in some urban areas in district plans after 1 January 2012. The Act states:
As a result Auckland Council is updating Schedules of Notable Trees in district plans across Auckland to ensure that notable trees of significance will still be protected.
Council have obtained consent from the Environment Court for this change to have legal effect from 1st January 2012. This means that from that date, the additional trees will be subject to the specific scheduled tree rule requiring consent to obtained before the tree is cut down, altered, injured, destroyed or partially destroyed.
If one of these trees was on your property, or you were a neighbour then you should have received notification of these proposals, and told how you could make a submission. Submissions have now closed and we are awaiting a summary of all the submissions received. Following this process Council will hold hearings to consider all submissions. Personally and behalf of clients Birch Surveyors made submissions to these changes. I considered that these changes were unnecessary given that Franklin did not have general tree protection before, and the process lacked any form of consultation. Contact us if you need further information on these plan changes,