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Upper Hutt Leader : June 29th 2011
Wednesday, June 29, 2011 SERVING YOUR COMMUNITY SINCE 1939 Letters 10 Real Estate 21-36 Arts 34-35 Motoring 37-38 Classifieds 39-43 Sport 45-48 TAPPING TO SUCCESS Competition society stars 3 TRACTOR TREATMENT Midwinter express day out 18 BUGGY BRIGADE July walk invitation 38 Tree protection given validity By COLIN WILLIAMS An Environment Court declara- tion on how councils, operating under the Resource Management Act, may continue to protect trees in conservation zones is being seen as bringing more certainty to Upper Hutt's existing guidelines. The city district plan contains rules for protecting trees in the specified residential conservation and residential hill zones to main- tain the special character of these areas. The RMA Amendment Act 2009 introduced provisions restricting the ability of district plans to con- tain tree protection rules, with some exceptions. As part of its recent decision, the Environment Court deter- mined a zone-based approach to tree protection is a valid excep- tion, provided such an approach is justified. The court declaration follows an application by North Shore City Council and Waitakere City Coun- cil (both now part of the Auckland Council) on the issue. The councils sought a declara- tion in response to amendments to the RMA which limited their ability to have blanket tree protec- tion rules from the beginning of next year. Because Upper Hutt has similar tree protection rules to the Auck- land applicant, the council joined the declaration proceedings in the Environment Court. The declaration appears to con- firm Upper Hutt's existing tree protection rules, based on a spatial approach, remain valid, council environmental services director Richard Harbord says. However, the Environment Court did not specifically address Upper Hutt's position on the issue. We consider it inappropriate to comment on the Upper Hutt dis- trict plan since it is not the subject of these proceedings,'' the written declaration says. However, we hope the Upper Hutt City Council benefits a little from our determination of the legal issues .... ' ' Mr Harbord said the council is considering the judgment in terms of the Upper Hutt context, includ- ing whether the existing rule, and the areas to which it applies, needs to be reviewed. We will contact affected prop- erty owners, before next year, to make sure they are aware of the future of our tree protection rules.'' The court decision is available through the council's website -- upperhuttcity.com/planning. Locals celebrate Clyma Park rescue By ROSEMARY McLENNAN Hot topic: Local teens, from left, Robert Visser, Wiremu Wells and Jayden Patel get ready to release their sky lantern. Photos: ROSEMARY McLENNAN The sky is the limit: Clyma Park locals start to release their lanterns into the night sky. More photos can be viewed and ordered at pix.ccn.co.nz. Warming up: Rachel Visser, 3, whose mum Cheryl Visser drew the design for the community garden, welcomes a free hot chocolate on the chilly evening. About 50 Clyma Park locals braved a chilly but dry evening to attend the official opening of their community garden, and to release burning lanterns into the night sky on Friday. It was all about celebrating a new life for the park, hidden away behind houses, that the city council planned to sell to raise money for a new library. After an outcry, the council abandoned its sale plan and locals rallied around to make better use of the field, between Clyma St and Fraser Cres. Project chairman Konrad Hickson said the garden was made possible by the support of adjacent Fraser Crescent School, council and residents. In nine months it had gone from nothing to raised vegetable beds, the first fruit trees and compost bins. Mayor Wayne Guppy said the project was exactly what communities are about''. When he was young, he said, everyone had their own backyard vegetable patch, which is how the next generation learned to garden. I applaud you for getting involved here,'' he said.
June 22nd 2011
July 6th 2011