Media Release

The Tree Council

24 March 2010

Reprieve for Rosebank Road Pohutukawa But Fight Not Over Yet

An agreement has been signed between The Tree Council, Auckland City Council and Connell Place Ltd, the developer of the new business park at 317 – 321 Rosebank Road in Avondale, Auckland. This followed the Tree Council’s application to the High Court on March 10th to stop the felling of the remaining 80-100 year old Pohutukawa on site.

Cowper Campbell, The Tree Council’s lawyers, negotiated the deal, which effectively allows for notification of any application to fell the Pohutukawa.

The agreement states that:
Connell Place Ltd will surrender itsconsent to fell the Pohutukawa,
The Tree Council will withdraw its High Court action.
Connell Place Ltd will seek limited or public notification of any future application to fell the Pohutukawa, which under the new rules in last year's amended Resource Management Act, means that the Council will have to agree to notification.
These conditions will be passed on to any new owner of the land and last for 10 years.

The agreement also binds Connell Place Ltd to consult with The Tree Council if it reapplies to fell the Pohutukawa.

Sigrid Shayer, Tree Council Chairwoman, says, “This Pohutukawa sits close to a 80 – 100 year old Oak. These two magnificent trees are all that remain on a 25 acre (10 hectare) site, and sit close to Rosebank Road. They are a community and historic landmark on the site of the last market garden in this area. Word is spreading through the local community and beyond, now that the developer’s intentions to fell this tree are known. We believe this application should have been notified in the first instance. There is huge interest to retain the two trees together.“

The Tree Council continues to be concerned about the fate of the neighbouring Oak, which the developer has agreed to covenant. The conditions he requested, and which were granted by Auckland's planning commissioners, significantly reduce the Covenant’s worth. Accessways and parking areas may be created within the root zone of the tree, although these surfaces have to be pervious. The roots of the Oak may also be trimmed if they are interfering with any underground building works or services.

Sigrid Shayer says, “If these works were to be carried out they would certainly shorten the Oak’s life.” The tree will be also subject to trimming allowances of 20% of live growth removal over any given three calendar year period.

Sigrid Shayer adds, “The Tree Council finds it hard to believe that there was no specific arboricultural assessment of either tree before the planning commissioners gave consent for the covenant and for the felling”.

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