Issues

Trees provide a significant contribution to the amenity, historical and ecological values of the District. This is particularly so in urban areas where the ongoing demand for land development can threaten the existence of established trees.

Trees, whether individually or collectively, can have a number of positive effects on the environment. These include:

1. A heritage and natural environmental legacy for current and future generations.

2. Providing a habitat and food source for birds, insects and other wildlife.

3. Providing shelter from the elements by providing shade, reducing glare and reducing the heat island effect.

4. Improving the quality of waterways by filtering polluting particulates.

5. Avoidance or mitigation of the effects of natural hazards, such as landslips and erosion by intercepting and reducing runoff and soil erosion.

6. Absorbing carbon dioxide, releasing oxygen, and capturing and removing particulate matter and dust from the air.

7. Providing a sense of place that contributes to character and local identity.

8. Calming traffic, slowing speeds and providing a buffer between pedestrians and cars.

9. Contributing to public health and well-being.

Council and landowners have a role in management and responsibility for Notable Trees. Trees can have adverse effects on people and property, which can include limb failure or tree collapse, leaf drop, shading, increased building maintenance, root invasion, fire risk, and health and safety.

Individual trees and groups of trees that are considered to be among the most significant trees in Whangārei are scheduled in this chapter in order to protect the benefits they provide for current and future generations. These trees have been specifically identified as “Notable Trees” using the Standard Tree Evaluation Method (STEM^TM) (Flook, R. 1996: A Standard Tree Evaluation Method, published by Ron Flook, Lower Hutt, New Zealand). This takes into account a number of factors, with each factor scored in accordance with the STEM^TM methodology and an overall score provided determining the status of the tree or trees as Notable Trees. Notable Trees are identified on the planning maps. The majority of scheduled Notable Trees are located on private land. A number of Notable Trees are also located in road reserves, parks and reserves.

Trees over a certain size in road reserves, parks and reserves are referred to throughout this chapter as “public trees”. Public trees make the streetscape more appealing while improving pedestrian amenity and public health. These trees also provide an important environmental function in terms of storing carbon, providing habitat and food for wildlife, improving air quality and providing ecological and amenity values. However, road reserves, parks and reserves facilitate a wide range of uses which can conflict with the presence of trees. For instance, road reserves contain critical underground and network utility infrastructure and sometimes, conflict can occur between trees and these assets. As such the protection of public trees in road reserves, parks and reserves need to be balanced with these competing uses.

Future subdivision and development needs to consider how to accommodate existing and new trees and vegetation that contribute to ecological and amenity values, especially in new road reserves, parks and reserves. This may require careful consideration of where trees are planted, in relation to existing and planned infrastructure and network utilities. Council encourages the use of indigenous trees and vegetation in road reserves, parks and reserves and private land.

Notes:

1. The following provisions shall apply district-wide in addition to any other provisions in the District Plan applicable to the same area or site.

2. Where a tree or group of trees has been identified as a Notable Tree in TREE-SCHED1 – Schedule of Notable Trees and is located in a road reserve, park or reserve, the rules relating to Notable Trees shall take precedence.

Refer to TREE-SCHED1 below for the Schedule of Notable Trees.

Objectives

TREE-O1Notable Trees

Notable trees and notable groups of trees with significant amenity, historical or ecological values are maintained, retained and protected from inappropriate subdivision, land use and development.

TREE-O2Public Trees

Public trees in road reserves, parks and reserves are protected and maintained where they positively contribute to amenity, historical or ecological values, while enabling the safe and efficient use, development, maintenance, operation and upgrading of the roading network and network utilities.

TREE-O3Providing for Existing and New Trees

Future subdivision, use and development appropriately provides for existing and new trees that contribute to amenity, historical or ecological values, ensuring that any design can accommodate such trees, whilst recognising the need to avoid future conflicts with roading and network utility infrastructure.

Policies

TREE-P1Notable Trees

To require that notable trees and notable groups of trees are maintained, retained and protected from inappropriate subdivision, land use and development by:

1. Identifying and scheduling notable trees and notable groups of trees by applying the STEM^TM criteria in Criteria for Notable Tree Classification in TREE – Appendix 1.

2. Ensuring that subdivision, land use or development does not result in the inappropriate removal of notable trees or notable groups of trees, or have adverse effects on the life of the tree or identified significant amenity, historical or ecological.

3. Enabling pruning and maintenance of notable trees and notable groups of trees in accordance with arboricultural best practice where works are necessary to:

   1. Safeguard life or property; or

   2. Manage adverse effects on people and property; or

   3. Provide for the safe and efficient use and operation of the roading network or network utilities; or

   4. Ensure the ongoing health, wellbeing and longevity of the tree or group of trees.

4. Providing education and advice to encourage the protection of notable trees and notable groups of trees.

5. Requiring future subdivision, land use or development to respond to, accommodate and protect notable trees and notable groups of trees.

6. Recognising that the removal of an identified notable tree or notable groups of trees may be appropriate if:

   1. It is demonstrated that there is a risk to human health and/or property, or the safe and efficient operation of the roading network or network utility infrastructure, based on a risk assessment.

   2. It is demonstrated that there is no practicable alterative to the removal.

   3. Where necessary, an assessment is provided of suitable mitigation or offset for the removal.

7. Managing identified notable trees to avoid, or where avoidance is not possible, contain or control, the spread of plant pathogens.

TREE-P2Public Trees

To require the protection of public trees in road reserves, parks and reserves while providing for the safe and efficient development, operation, use, maintenance and upgrading of infrastructure, network utilities and the road network by:

1. Providing protection to public trees over a certain size in road reserves, parks and reserves.

2. Enabling the ongoing maintenance of public trees in road reserves, parks and reserves, while ensuring that tree selection and location recognises existing uses and adjoining landowners.

3. Encouraging the use of indigenous trees and vegetation, where appropriate, for planting within road reserves, parks and reserves, to recognise amenity and ecological values.

4. Enabling appropriate works to public trees to provide for the safe and efficient operation, use, maintenance and upgrading of network utilities.

5. Recognising that the removal of any protected public trees may be appropriate if:

   1. It is demonstrated that the tree or trees would not meet the threshold for protection pursuant to the STEM^TM Criteria for Notable Tree Classification in TREE – Appendix 1.

   2. It is demonstrated that there is a risk to human health and/or property, or the safe and efficient operation of the roading network or network utility infrastructure, based on a risk assessment.

   3. It is demonstrated that there is no practicable alterative to the removal.

   4. Where necessary, an assessment is provided of suitable mitigation or offset for the removal.

6. Managing protected public trees to avoid, or where avoidance is not possible, contain or control, the spread of plant pathogens.

TREE-P3Recognising and Providing for Existing and New Trees

To recognise and provide for existing and new trees when designing future subdivision and development by:

1. Identifying existing trees on sites or in new road reserves, parks and reserves which meet the Criteria for Notable Tree Classification in TREE – Appendix 1 and requiring the design of subdivision and development to respond to, and where appropriate schedule, these identified trees.

2. Assessing the need for new trees to contribute to the amenity, historical or ecological values of the neighbourhood.

3. Encouraging the use of indigenous trees and vegetation for planting, where appropriate, to recognise amenity, cultural and ecological values.

4. Recognising the need to avoid future conflicts with roading, network utility infrastructure and the health and safety of people and property.

Rules

TREE-R1Pruning or Maintenance of any Notable Tree

Activity Status: Permitted

Where:

1. The pruning or maintenance of any Notable Tree listed in TREE-SCHED1 which is:

   1. Required for the removal of broken, dead, dying or diseased wood; or

   2. Undertaken in accordance with arboricultural best practice where:

      1. The maximum branch diameter does not exceed 200mm at severance;

      2. No more than 20% of live growth of the tree is removed in any 12 month period, excluding pruning or maintenance undertaken in accordance with TREE-R1.1(d); and

      3. The ongoing health, wellbeing and longevity of the tree is maintained; or

   3. Based on a risk assessment from a qualified arborist, is required as emergency tree works; or

   4. Undertaken by a qualified arborist on behalf of a network utility operator or landowner where branches are interfering, or are likely to interfere within the next 12 months, with overhead wires or network utilities and the pruning or maintenance is required in order to maintain the security of an existing supply, to restore power or telecommunication infrastructure or to comply with the Electricity (Hazards from Trees) Regulations 2003; and

   5. Notified in writing to Whangarei District Council at least five working days prior to the tree works being undertaken, with the exception of tree works in clause c. and d. above.

Activity Status when compliance with TREE-R1.1 not achieved: Controlled

Where:

1. The pruning or maintenance of any Notable Tree listed in TREE-SCHED1 which is undertaken by a qualified arborist:

   1. Is for the purposes of ensuring the safety of people or avoiding damage to property; and

   2. Is no more than one third of the live growth of the tree is removed in any 12 month period, excluding pruning or maintenance undertaken in accordance with TREE-R1.1(d); and

   3. Is undertaken in a manner than ensures the ongoing health, wellbeing and longevity of the tree.

Matters of Control:

1. The nature and extent of pruning or maintenance required to ensure the safety of people and/or avoid damage to property; and

2. Measures to ensure:

   1. The ongoing health, wellbeing and longevity of the tree; and

   2. The ongoing maintenance of the tree.

Notes:

1. Information requirement rule TREE-REQ1 shall apply.

2. Applications shall not require written consent of affected persons and shall not be notified or limited notified.

Activity Status when compliance is not achieved with TREE-R1.1 and the activity is not a Controlled activity: Restricted Discretionary

Matters of discretion:

1. Alternative methods to avoid the pruning of the tree or trees.

2. The specific historical, ecological or amenity values of the tree or trees.

3. Mitigation, offset or compensation for the environmental values that the tree or trees provide.

4. The ongoing health, wellbeing and longevity of the tree or trees.

5. The actual and potential risk of damage to people and property from the tree or trees.

6. Methods to contain and control plant pathogens and diseases including measures for preventing the spread of soil and the safe disposal of plant material.

7. The functional need and operational need of infrastructure and network utilities.

8. Consistency with best arboricultural practices.

Non-Notification:

1. Any restricted discretionary activity application shall not require written consent of affected persons and shall not be notified or limited-notified.

TREE-R2Works within the Root Zone of any Notable Tree

Activity Status: Permitted

Where:

1. Construction or alteration of any structure, excavation of land, compaction of soil or formation of any new impervious surfaces, within the root zone of a Notable Tree listed in TREE-SCHED1 where:

   1. The works are thrusting to a depth of greater than 650mm for the installation of network utilities supervised by a qualified arborist.

   2. Not within three times the radius of the canopy root zone of a New Zealand Kauri Tree (agathis australis).

Activity Status when compliance not achieved: Restricted Discretionary

Matters of Discretion:

1. Alternative methods to avoid the pruning of the tree or trees.

2. The specific historical, ecological or amenity values of the tree or trees.

3. Mitigation, offset or compensation for the environmental values that the tree or trees provide.

4. The ongoing health, wellbeing and longevity of the tree or trees.

5. The actual and potential risk of damage to people and property from the tree or trees.

6. Methods to contain and control plant pathogens and diseases including measures for preventing the spread of soil and the safe disposal of plant material.

7. The functional need and operational need of infrastructure and network utilities.

8. Consistency with best arboricultural practices.

Non-Notification:

1. Any restricted discretionary activity application shall not require written consent of affected persons and shall not be notified or limited-notified.

TREE-R3Removal of a Notable Tree

Activity Status: Permitted

Where:

1. The removal is of a Notable Tree listed in TREE-SCHED1 which is:

   1. A dead tree based on an assessment from a qualified arborist; or

   2. Based on a risk assessment from a qualified arborist, is required as emergency tree works.

Activity Status when compliance not achieved: Discretionary

Note:

1. Information requirement rule TREE-REQ2 shall apply.

TREE-R4Pruning or Maintenance of any Public Tree

Activity Status: Permitted

Where:

1. The pruning or maintenance of any public tree which is:

   1. Required for the removal of broken, dead, dying or diseased wood; or

   2. Undertaken in accordance with arboricultural best practice where:

      1. The maximum branch diameter does not exceed 200mm at severance;

      2. No more than one third of the live growth of the tree is removed in any 12 month period; and

      3. The ongoing health, wellbeing and longevity of the tree is maintained; or

   3. Emergency tree works undertaken by the Whangarei District Council, Northland Regional Council, network utility operator or their authorised representative; or

   4. Undertaken, or authorised, by a network utility operator, where branches are compromising the safe and efficient operation, maintenance and upgrade of overhead wires or network utilities and the pruning or maintenance is required to maintain the security of an existing supply, to restore power or telecommunication infrastructure or to comply with the Electricity (Hazards from Trees) Regulations 2003; or

   5. Undertaken, or authorised, by a road controlling authority where it is required to maintain the visibility of road safety signage, maintain road lighting, maintain vehicle sight lines for traffic safety or to maintain legal clearance height and width above the road carriageway.

Activity Status when compliance not achieved: Restricted Discretionary

Matters of Discretion:

1. Alternative methods to avoid the pruning of the tree or trees.

2. The specific historical, ecological or amenity values of the tree or trees.

3. Mitigation, offset or compensation for the environmental values that the tree or trees provide.

4. The ongoing health, wellbeing and longevity of the tree or trees.

5. The actual and potential risk of damage to people and property from the tree or trees.

6. Methods to contain and control plant pathogens and diseases including measures for preventing the spread of soil and the safe disposal of plant material.

7. The functional need and operational need of infrastructure and network utilities.

8. Consistency with best arboricultural practices.

Non-Notification:

1. Any restricted discretionary activity application shall not require written consent of affected persons and shall not be notified or limited-notified.

TREE-R5Works within the Root Zone of any Public Tree

Activity Status: Permitted

Where:

1. Construction or alteration of any structure, excavation of land, compaction of soil or formation of any new impervious surfaces within the root zone of any public tree where the works are:

   1. Thrusting to a depth of greater than 650mm for the installation of network utilities supervised by a qualified arborist; or

   2. Undertaken, or authorised by a network utility operator, or road controlling authority, where it is required for maintenance or renewal of existing infrastructure and utilities including:

      1. Repairs to existing footpaths;

      2. Repairs to existing kerbs and channels;

      3. Fixing potholes or patches; or

      4. Resurfacing of existing roads.

Activity Status when compliance not achieved: Restricted Discretionary

Matters of Discretion:

1. Alternative methods to avoid the pruning of the tree or trees.

2. The specific historical, ecological or amenity values of the tree or trees.

3. Mitigation, offset or compensation for the environmental values that the tree or trees provide.

4. The ongoing health, wellbeing and longevity of the tree or trees.

5. The actual and potential risk of damage to people and property from the tree or trees.

6. Methods to contain and control plant pathogens and diseases including measures for preventing the spread of soil and the safe disposal of plant material.

7. The functional need and operational need of infrastructure and network utilities.

8. Consistency with best arboricultural practices.

Non-Notification:

1. Any restricted discretionary activity application shall not require written consent of affected persons and shall not be notified or limited-notified.

TREE-R6Removal of any Public Tree

Activity Status: Permitted

Where:

1. The removal of any public tree which is:

   1. A dead tree based on an assessment from a qualified arborist; or

   2. Emergency tree works undertaken by Whangarei District Council, Northland Regional Council network utility operator or their authorised representative; or

   3. Located within a road reserve with a road speed environment greater than 50 km/ph and is undertaken, or authorised, by a road controlling authority, or network utility operator where:

      1. It is required to provide for the safe use and operation of the road network; or

      2. It is required for the safe and efficient operation, maintenance or upgrade of overhead or underground network utilities; or

   4. Located within a road reserve with a road speed environment less than 50 km/ph and is undertaken, or authorised, by a road controlling authority, or network utility operator where:

      1. It is required for the safe and efficient operation, maintenance or upgrade of overhead or underground network utilities.

Activity Status when compliance not achieved: Discretionary

Note:

1. Information requirement ruleTREE-REQ2 shall apply.

TREE-R7Subdivision where the Land Contains a Notable Tree or a Public Tree

Activity Status: Controlled

Where:

1. The land contains a Notable Tree listed in TREE-SCHED1 or a public tree which is able to locate a building platform of at least 100m2, accessway(s) and associated services outside of the root zone of the identified tree or group of trees.

2. The subdivision does not result in the root zone of a Notable Tree listed in TREE-SCHED1 being located on more than one site.

Activity Status when compliance not achieved: Discretionary

Note:

1. Information requirement rule TREE-REQ2 shall apply.

Information Requirement Rules

TREE-REQ1TREE-R1 Controlled Activities

1. Applications must include a plan and/or description of the proposed pruning or maintenance prepared by a qualified arborist.

TREE-REQ2Land Use and Subdivision

1. When assessing discretionary applications the assessment shall include (but is not limited to):

   1. The extent to which alternative methods to avoid the pruning or removal of the tree or trees have been considered.

   2. Consideration of the specific historical, ecological or amenity values of the tree or trees and whether effects on these values can be minimised or avoided.

   3. The degree to which any proposed mitigation adequately compensates for the values that the tree or trees provide.

   4. Whether any impact on the immediate or long term-health and stability of the tree or trees is able to be minimised or avoided.

   5. The actual and potential risk of actual damage to people and property from the tree or trees.

   6. Methods to contain and control plant pathogens and diseases including measures for preventing the spread of soil and the safe disposal of plant material.

   7. The provision of a tree works plan to address the effects of the works on the tree or trees and outlining the proposed methods to be used.

   8. The functional need and operational need of infrastructure and network utilities.

   9. Consistency with best arboricultural practices including consideration of the need for the direction and supervision by an on-site monitoring arborist while the works are being carried out

   10. When subdividing land containing a Notable Tree or protected public tree, the ability for reasonably anticipated future development to occur in a manner which does not adversely affect the health and retention of the tree or group of trees.

TREE Appendix 1 - Schedule of Notable Trees

Notable Tree Classification

To provide a basis for regulatory measures to protect trees of significant amenity, historical or ecological values, selection and listing of Notable Trees in TREE-SCHED1 – Schedule of Notable Trees below, have been assessed against the Standard Tree Evaluation Method (STEM^TM). A total score is calculated for each tree in accordance with the STEM^TM criteria with trees scoring 100 points or greater being listed as Notable Trees.

Consideration of any additional tree or group of trees for classification as Notable Trees shall also be assessed against the STEM^TM criteria. Any tree which scores 100 points or greater can be considered for listing as a Notable Tree in Table TREE 1 of this Appendix.

TREE-SCHED1 – Schedule of Notable Trees

This schedule contains details of Notable Trees identified on the Planning Maps. Trees within the table below have been identified in accordance with the assessment criteria for Notable Tree Classification. The assessment criteria and rules relating to these trees are provided the Notable Trees (TREE) Chapter.

* Tree #433 is exempt from Controlled Activity rule requirement TREE-R2.1(b)