PROPOSED KĀPITI DISTRICT PLAN:
SIGNIFICANT INDIGENOUS TREES
WORKING DRAFT AMENDMENTS TO THE RULES FOR
URBAN AREAS
The working draft rules below comprise suggested amendments to the rules for protected trees in urban areas of Kāpiti Coast
District. Changes made by the Government to the Resource Management Act require the Council to change the way it lists
trees protected under the Proposed District Plan (PDP). The PDP tree protection rules apply to broad categories of trees – for
example, a particular species such as ngaio trees in specified areas in the district. Now, the amended law requires the
Council to list the location and description of any trees or groups of trees identified for protection in urban areas (Refer
Appendix 1). The Council will do this through a technical amendment to the PDP called the ‘Urban Tree Variation’. The
Council’s District plan has included tree protection rules since 1999 and the PDP also has tree protection rules. Whilst
preparing the variation, it is sensible to take the opportunity to review and improve the PDP rules that apply to any listed
protected trees – including the tree trimming rules. The Urban Tree Variation provides an opportunity to make the rules
clearer. Your feedback will assist in ensuring the accuracy of any scheduled trees that are listed in the PDP and help us
develop rule changes. (Refer feedback form at end of this document). We need your comments by 4pm Friday 24 July 2015.
However, if you miss this date, there will be an opportunity to make a submission on the proposed variation once it is publicly
notified in September.
PDP Chapter
Reference:
Working Draft:
Comments:
1.4
Definitions
Insert the following new definition:
A minimum height is proposed to ensure that only
mature trees are captured, for the purposes of the
Tree means a woody plant 4 metres in height rules. Is 4m appropriate? Should it be less – 3m –
or greater and includes a Tree Fern, but to capture significant trees in areas closer to the
excludes a vine with a stem diameter less than coast where growing conditions are harsher?
50 mm.
1.4
Definitions
Delete the current definition of ‘Trimming’
The current PDP definition specifies standards for
how much trimming is permitted. It is more
appropriate to specify these standards in the rules
rather than in the definition.
1.4
Definitions
Amend the current definition of ‘Modification’
by deleting the words shown struck-out and
adding the words underlined as follows:
The intention is to draw a distinction between a
reasonable extent of ‘trimming’ (permitted) and
more substantial ‘modification’. The added words
clarify that the trimming that is excluded is trimming
that is authorised as a permitted activity under the
rules of the Plan.
Modification of vegetation means
disturbance, removal, damage or destruction
of the vegetation and including the following
activities within the vegetation drip line:
(a) Work that involves compaction, sealing or
removal of soil; or
(b) Drilling or excavation; and or
(c) Discharge of toxic substances;
but excludes trimming authorised as a
permitted activity in this Plan.
The activities listed as examples of modification
should be alternatives – any one of those could
have a significant modification effect on any tree.
KCDC PDP UTV: Working Draft July 2015 for purposes of early engagement with community – NOT Council Policy
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PDP Chapter
Reference:
Working Draft:
3
Delete Rule 3A.1.2 (trimming of locally
Natural
indigenous vegetation) and replace with the
Environment following:
Rule 3A.1.2
Standards
Trimming shall not be carried out on any
locally indigenous vegetation that is:
(a) Within an ecological site (Schedule 3.1);
(b) Listed in the Schedule of key indigenous
tree species (Schedule 3.2);
(c) A rare and threatened vegetation species
(Schedule 3.3); or
(d) Listed as a notable tree (Schedule 10.1).
Comments:
The PDP standards specified for trimming within an
urban environment do not allow any trimming of
locally indigenous vegetation that is identified for
protection. This means that resource consent is
required even for minor trimming that is necessary
to allow access around buildings or to prevent
damage to buildings and which would not
compromise the integrity of the vegetation. The
Council’s view is that a degree of minor trimming
should be permitted provided the integrity of the
tree or vegetation is protected.
Insert a replacement Rule 3A.1.2:
Permitted Activity 3A.1.2:
Trimming of any locally indigenous vegetation
within the urban environment that is:
(a) Within an ecological site listed in
Schedule 3.1; or
(b) A tree listed, or part of a group of trees
listed, in Schedule 3.2A.
Standards:
The working draft permitted activity rule would
apply only to locally indigenous vegetation that is
specifically listed in Schedules 3.1 or 3.2A of the
District Plan (not rare and threatened species).
Modification, including trimming, of exotic trees and
indigenous trees that are not identified for
protection is proposed to be permitted without
restriction (see Rule 3A.1.4 below).
Trimming shall be limited to the removal of
vegetation that:
(a) is broken, deadwood or chronically
diseased; or
(b) does not form part of the main structure of
the tree and:
i.
is closer than 2 metres from a window
of a habitable room in an existing
permanent building; or
ii.
is closer than 1 metre from the wall or
roof of an existing permanent
building; or
iii.
is restricting access along an existing
authorised vehicle access way; or
iv.
is compromising the safety or integrity
of or obstructing any network utility in
an easement for the conveyance of
network utilities; or
(c) is carried out in accordance with a
registered protective covenant; or
Reserve Management Plan approved
under the Reserves Act; or
(d) is carried out in accordance with the
Electricity (Hazards from Trees)
The expression ‘broken, deadwood or diseased’
has been used in the operative District Plan since
1999 but is problematic and warrants some
clarification. The working draft standards provide
for trimming in any of the specified circumstances.
The 2-metre distance from windows is proposed as
a reasonable distance to provide sunlight access
and prevent unreasonable shading in most cases.
The 1-metre distance from walls and roofs carries
over the standard from the operative District Plan
and is considered sufficient to provide for
reasonable physical access around buildings and
to prevent damage by tree limbs. Are these
distances reasonable?
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PDP Chapter
Reference:
Working Draft:
Comments:
Regulations 2003 or its successor; or
(e) is necessary to avoid an imminent threat
to the safety of persons or damage to
existing buildings; and
(f) is carried out in accordance with accepted
arboricultural practice to avoid irreversible
damage to the health of the tree.
Circumstance (e) is intended to avoid a situation
developing that creates threat of damage to
persons or buildings. The emergency provisions of
the RMA are available to address unforeseen and
imminent threat of damage.
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Delete Rule 3A.1.4 and the associated
Natural
standard and replace with the following:
Environment
Rule 3A.1.4
Modification of locally indigenous vegetation
that is within the urban environment.
As is the case under the operative District Plan, the
working draft rules address the modification of
exotic and locally indigenous trees and vegetation
differently:
Permitted Activity 3A.1.4:
Modification of any tree within the urban
environment that is not:
i.
located within an ecological site listed
in Schedule 3.1;
ii.
a key indigenous species listed in, or
part of a group of trees listed in,
Schedule 3.2A;
iii.
listed as a notable tree Schedule
10.1; or
iv.
a rare and threatened vegetation
species listed in Schedule 3.3.
Standards: Nil
Permitted Activity 3A.1.4A:
Modification of any locally indigenous
vegetation within the urban environment that
is not a tree provided the vegetation is not:
v.
within an ecological site listed in
Schedule 3.1; or
vi.
a rare and threatened vegetation
species listed in Schedule 3.3.
The definition of ‘modification’ excludes ‘trimming’.
Working draft Rule 3A.1.2 would permit a
reasonable degree of trimming. ‘Modification’ is
work that exceeds the permitted activity level of
trimming. Working draft Rule 3A.1.4 permits the
modification of exotic trees without restriction
(unless these are ‘notable trees’ identified in
Schedule 10 – these are notable for heritage or
other reasons). Proposed Rule 3A.1.4 also permits
the modification of locally indigenous trees
without restriction unless these are specifically
identified for protection (in any of the Schedules
3.1, 3.2A, 3.3 or 10.1). Modification of locally
indigenous trees that are listed for protection would
require a resource consent (as currently proposed I
the PDP).
Proposed Rule 3A.1.4A permits the modification of
any locally indigenous vegetation (as opposed
to individual trees or groups of trees) provided they
are not specifically listed as part of an ecological
site (in Schedule 3.1) or a rare and threatened
species (Schedule 3.3). Schedule 3.2A is not
referred to here because it captures tree species
(covered under 3A.1.4 above).
A resource consent would be required for
modification where the indigenous vegetation
exceeds the reasonable trimming limit within a
protected area or is a rare and threatened species.
That approach reflects the operative and current
proposed District Plan provisions.
The rules relating to notable trees (protected for
heritage or amenity purposes) identified in
Schedule 10.1 are in Chapter 10 (see working draft
amendment below).
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PDP Chapter
Reference:
Working Draft:
Comments:
Schedules
3.1 and 3.2
Amend Schedules 3.1 and 3.2 by including The Council undertook work, prior to publicly
lists of specific trees and groups of trees that notifying the proposed District Plan in 2012, to
are to be protected by the rules.
check existing ecological areas currently identified
within the operative district plan, and to identify
Note: Whereas the 2012 proposed District potential new ecological areas. The ecological
Plan rules applied district-wide to categories of areas were included in Schedule 3.1 of the 2012
indigenous trees and vegetatioon, there is a PDP. Resource consent is required under the
new requirement in the RMA that any trees 2012 proposed District Plan for trimming and
that are to be protected by District Plan rules modification of indigenous trees within ecological
must be specifically described and identified areas. Many indigenous trees within ecological
(by street address and/or legal description) in areas have been protected since 1999 under rules
a schedule in the District Plan. Field work is of the operative District Plan that (still) protect trees
currently under way to check that any lists of over 4m tall or over 95cm girth.
trees are accurate.
The Council undertook an urban tree survey in
2010 which identified approximately 14,500 trees
and groups of trees that were assessed as being
potentially significant locally indigenous trees. The
operative District Plan protects all indigenous trees
that are over 4m in height or over 95cm girth. The
rules included in the proposed 2012 District Plan
provide protection to categories of key indigenous
species over a specified size (minimum 3-4m
height or 47-95cm girth, depending on species and
location). Approximately 5,000 of the trees
identified by the 2010 urban tree survey meet the
minimum height or girth standards of the proposed
District Plan.
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Historic
Heritage
Rule 10A.1.4
Delete Rule 10A.1.4 and replace with the
following:
Permitted Activity
Trimming of notable trees.
The expression ‘notable trees’ is defined as any
tree listed in Schedule 10.1 of the PDP.
Standards
Trimming shall be limited to the removal of
Proposed Rule 10A.1.4 is adopts the same
vegetation that :
‘trimming’ provisions as proposed for Chapter 3
(a) is broken, deadwood or diseased; or
(above).
(b) does not form part of the main structure of
the tree and:
i.
is closer than 2 metres from a window
of a habitable room in an existing
permanent building; or
ii.
is closer than 1 metre from the wall or
roof of an existing permanent
building; or
iii.
is restricting access along an existing
authorised vehicle access way; or
iv.
is obstructing any above-ground
network utility in an easement for the
KCDC PDP UTV: Working Draft July 2015 for purposes of early engagement with community – NOT Council Policy
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PDP Chapter
Reference:
Working Draft:
conveyance of network utilities; or
(c) is carried out in accordance with a
registered protective covenant; or
Reserve Management Plan; or
(d) is carried out in accordance with the
Electricity (Hazards from Trees)
Regulations 2003 or its successor; or
(e) is immediately necessary to avoid an
imminent threat to the safety of persons or
damage to existing buildings; and
(f) is carried out in accordance with accepted
arboricultural practice to avoid irreversible
damage to the health of the tree.
Comments:
As noted earlier, (e) seeks to avoid creating a
situation of threat. The emergency provisions of
the RMA are available to address unforeseen and
imminent threat of damage.
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