Proposed Plan Change 41 – Urban Tree Groups
The Resource Management Amendment Act 2013 introduced new requirements and definitions associated with tree protection. These amendments significantly altered how trees can be protected in urban areas under a District Plan. These amendments removed the ability for district plans to protect trees with blanket rules on properties 4000m2 or less unless the trees are specifically identified in a schedule in the District Plan.
Upper Hutt City Council are undergoing a Plan Change (Proposed Plan Change 41) to ensure ongoing protection of trees in Urban areas. The plan change proposes to move from blanket tree protection rules in the Residential Hill and Residential Conservation sub-zones, to a series of rules that protect Urban Tree Groups, which have been identified due to their amenity, landscape and/or ecological values. The Plan Change includes a schedule of Urban Tree Groups.
Proposed Plan Change 41 was notified and opened for submissions on 18 December 2015. The submission period closed on 26 February 2016. A summary of submissions was prepared and further submissions opened on 16 March 2016 and closed 8 April 2016. Three further submissions were received. The hearing was scheduled for 4 July 2016 and is now adjourned.
Amendments to the District Plan chapters and maps, and any other relevant documents, as a result of this plan change can be found below.
The appeal period for Plan Change 41 closed on 29 September 2016 and no appeals were received. Plan Change 41 is now operative (as at 12 October 2016). It has been incorporated into the District Plan which can be viewed here.
A hearing for Plan Change 41 was held on 4 July 2016. Council has considered the decision issued following the hearing and at its meeting on 10 August 2016 resolved to adopt the Plan Change. The appeal period for this Plan Change closes on 29 September 2016. After this date, if no appeals have been lodged, Council will publicly notify the date on which Plan Change 41 will become operative.
- Public Notice of Decision
- Report of the Hearing Commissioner
The Hearing for Plan Change 41 was scheduled for 4 July 2016
- Minute #3 of Independent Hearing Commissioner (Close of hearing)
Council Officer Right of Reply (13 July 2016)
- Right of Reply
- Right of Reply amendments to
- Boffa Miskell – Rhys Girvan – Post-hearing reassessment
- Legal opinion on identification of Urban Tree Groups
- Minute #2 of Independent Hearing Commissioner (Detailing next steps after adjournment of hearing)
- Minute #1 of Independent Hearing Commissioner (Directions pre-hearing)
- Council Officer’s Hearing report
- Expert evidence
- Submitter’s Expert Evidence
- Powerco have provided a Hearing Statement in advance of the hearing.
- Supplementary statement from the council reporting officer James Beban:
Submissions and further submissions
Submitter #1 Jianhong Hu (John)
Submitter #2 Michael Drake
Submitter #3 Murray Todd
Submitter #4 Jonathan Board
Submitter #5 Jim and Ange Walsh
Submitter #6 James Milburn
Submitter #7 Penny and Mike Salmon
Submitter #8 J & J Harrison
Submitter #9 Ronnoco Nominees Ltd
Submitter #10 Wellington Electricity Lines Limited
Submitter #11 Deanna Burke
Submitter #12 Trevor and Fiona Kale
Submitter #13 Graham and Lyn Bellamy
Submitter #14 Jenny Wiggins and Kenneth Wiggins
Submitter #15 Steven Robertson
Submitter #16 Kelly Robinson and Steve Kyle
Submitter #17 Anthony Illot
Submitter #18 Peter Martin
Submitter #19 Stefan Michie
Submitter #20 Grant Crawford
Submitter #21 Richard Winder
Submitter #22 Greater Wellington Regional Council
Submitter #23 Sylvia Hendriksen
Submitter #24 BR & KM Hicks
Submitter #25 Sally Murphy
Submitter #26 Pinehaven Progressive Association
Submitter #27 UHCC
Submitter #28 Stephen Pattinson
Submitter #29 Greg Main
Submitter #30 Alistair McAlpine
Submitter #31 Brendon Jacobson
Submitter #32 Sue Pattinson
Submitter #33 Mark Hayward
Submitter #34 Powerco Ltd
Submitter #35 Tim Thorpe
Submitter #36 Peter and Bernadette Tierney
Submitter #37 Pat van Berkel
Submitter #38 Darryl Longstaffe
Submitter #39 Jeffrey Richter
Submitter #40 Cameron Mitchell (late submission)
- Further Submissions
Further submitter # 1 Powerco Ltd
Further submitter # 2 Wellington Electricity Lines Limited
Further submitter # 3 Save Our Hills (Upper Hutt)
Proposed Plan Change 41 documents:
- Public Notice
- Section 32 Report
- Notification Report
- Urban Tree Group Methodology
- Amendments to District Plan Chapters:
- Amendments to District Plan Maps:
Trees in Upper Hutt
Upper Hutt is recognised amongst residents and visitors for its beautiful parks, forests and outdoor spaces. Our green amenity values contribute to the ‘gateway to the great outdoors’ perception of the city. These values are reinforced throughout the urban areas by tree lined streets, parks and gardens. Trees contribute to the green and pleasant residential environment and amenity in Upper Hutt and are highly valued by the community. Development can impact upon trees and so needs to be carefully managed to ensure that future growth enhances our amenity values whilst meeting the needs of the existing and future residents.
Tree Protection in Urban Areas
Individual trees that are significant to the community, or urban areas of the City where trees make a significant contribution to the special character and amenity values of the area, are protected through the District Plan. The protections take two forms: Notable Tree Protection and Zoning Protection, both of which are described below.
Individual trees in the Residential Zone that make a significant contribution to the identity or amenity values of the urban environment can be listed for protection under the Schedule of Notable Trees in the District Plan. The Schedule is listed at 27.7 of the District Plan. Do you know of a specimen tree that you think would be worthy of protection as one of Upper Hutt’s Notable Trees? Nominations for additions to the Schedule of Notable Trees are accepted at any time from the public. If you know of a tree that you think makes a significant contribution to the character of the urban environment, and is important to the amenity values and identity of the City then you can nominate it for inclusion to the Schedule of Notable Trees in the Tree Nomination Form.
Tree Nomination Form
Click here to nominate a tree or group of trees. The public are able to nominate trees at any time. In order to provide protection, nominated trees must be assessed and recommended for inclusion into the District Plan through a plan change. Existing Notable Trees are mapped on Xplorer under the District Plan layer, or on the District Plan maps.
Last updated on 03 May 2018