Protection Orders on 3 Trees

Tony Hay made this Official Information request to Marlborough District Council

Response to this request is long overdue. By law Marlborough District Council should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: Tony Hay

Dear Marlborough District Council,

I own 42 Lakings Road along with my wife. Property Number 346626.
I wish to know the following relating to the 3 trees on Council land on the southern end of our property. The 3 trees are Willow Oak, Pin Oak, and Copper Beech (going from east to west).
I wish to know the following:
1. Do any of these 3 trees have protection orders on them?
2. If they have the date that this was applied and any other relevant information.

Yours faithfully,

Tony Hay

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From: MDC
Marlborough District Council

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Blenheim 7240, New Zealand

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From: Tony Quirk-8077
Marlborough District Council

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Attachment Arboricultural Assessment TQu.pdf
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Attachment Notable Trees TQu.pdf
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Dear Mr Hay
I refer to your email of 13 August about trees by 42 Lakings Road,
I attach the following:

 1. Arboriculture assessment prepared 5 August 2019 by David James Tree


 2. The Willow Oak is currently identified as a Notable Tree on the
Wairau/Awatere Management Plan.  This was initially identified under
the district scheme of the Blenheim Borough Council in the 1990s (1994
our Reserves team believe).  The Reserves note that the plan, however,
does not appear to identify the correct Oak tree – see the attached
which references 40 Lakings Road.

The Reserves section indicate that the trees will not, however, be
protected once the proposed Marlborough Environment Plan comes into
effect.  That is still going through its various processes.  It has been
notified, submissions have been heard and the Hearings Committee are
considering a decision at the present time.
This completes the request.
Tony Quirk
District Secretary
DDI:    03 520 7429
Phone:  03 520 7400
Fax:        03 520 7494
15 Seymour Street, PO Box 443
Blenheim 7240, New Zealand
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From: Tony Hay

Dear Tony Quirk-8077,

Thank you for the reply.

Answer to: Notable Trees TQu
I was aware that the Marlborough District Council had identified an English Oak (MDC tree identification number: 298) and placed a protection order on it assuming that it resided on the Council owned berm on the southern side of 42 Lakings Road, Springlands in 2010. Reference Appendix A – Register of Significant Heritage Resources dated 28 October 2010 - App A – 11.
This was subsequently changed to 40 Lakings Road, Springlands in 2017. This occurred when the Copper Beech on the south side of 42 Lakings Road had roots completely block the sewer into 44 Lakings Road and on inspection the MDC realised their mistake. The Nootka Cypress was deemed to have already been removed. Speaking to Elizabeth Laking who is the owner and occupier of 40 Lakings Road, Springlands the Nootka Cypress was removed “a long time ago”.
Whereas the Council is legally able to place a Protection Order on the English Oak tree when it was on their land can they retain this Protection Order when it gets moved onto a Rate Payers property when Elizabeth Laking has not agreed to the Protection Order (or so she tells me) ?
Incidentally Marlborough Lines still has the English Oak and Nootka Cypress incorrectly placed on their maps as has the MDC on their Heritage Sites and Trees recorded in the MSRMP and WARMP Resource Management Plans.

Answer to: Arboricultural Assessment TQu
I was disappointed that it took till 1st June 2019 before Tim Lovejoy from David James Tree Services to visit my property to assess the trees since I had requested the Marlborough District Council remove the trees residing on Council owned berm on the southern side of 42 Lakings Road, Springlands on 26th March 2019, some 3 months earlier. Tim it would appear had had a number of requests for his assessments of trees.
I am not an arborist; however I have looked into the subject and have a number of observations. The Willow Oak and Pin Oak are in decline and the presence of new growth low down on the truck indicates this. Dead branches fall on the road and footpath. I have made a number of complaints to Council and Marlborough Roads about this. Tim also in his report recommended that “approximate end-weight pruning for canopy wind tolerance” be done for high tree branches spread across the road. This has not been carried out.
I believe that an adverse weather event caused by Climate Change will likely cause much death and destruction should these trees be brought down. I am pursuing the Council on this and have made a number of complaints.
I am also surprised the Council is wasting Rate Payers money in attempting to use Arborists to justify keeping trees that are not suited to an urban environment.
I have made complaints to Council on the lack of responsibility in maintaining these trees. That means cutting out dead branches and keeping their size in check. The trees are extremely tall and large and difficult to prune and maintain shape.

Yours sincerely,

Tony Hay

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