Protected trees in Tauranga backyards - who should pay to maintain them?

Heather Grace under one of the trees in question. Photo/File

Reform is needed to stop residents with protected trees on their properties from having to bear the regulation-heavy burden of maintaining them, Tauranga's deputy mayor says.

The issue has come to a head in Bethlehem, where owners of eight properties on Wakefield St and Edwin Grove are seeking help from the city council to have three huge notable-listed London plane trees overhanging their sections significantly reduced in size.

The council first heard the homeowners' request for funding and resource consent support in August last year, with a fresh report presented to the council on Tuesday.

Mother of three Deidre Jeffery told elected members she would not let her children play in the backyard on windy days in case a branch came down and hit them.

"The fact kids can't go outside when it's windy is a bit of an issue."

When she bought the place she was told the council looked after the tree but said that seemed to be limited to clearing the gutters a few times a year.

Another homeowner, Heather Grace, said the trees were simply too tall and wide for their location, throwing shade on homes that was "like having a four-storey apartment building on your boundary".

Heather Grace doesn't want the trees cut down, just trimmed to a reasonable size. Photo/File

"What happens if a branch falls off and hits somebody and kills somebody? What happens if a branch falls through someone's roof?"

Grace has argued the council should pay all costs associated with pruning the tree as its notable status effectively made it a public amenity.

"It is the collective belief of the residents that it is the council's responsibly to maintain public amenity assets."

She wanted the tree pruned this winter, saying "thousands" had already been spent on reports "without cutting one branch".

Grace argued pollarding was the best option but an arborist said the tree was too old and the large cuts required would cause decay.

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Council staff recommended reducing the tree by 20-25 per cent, saying a 50 per cent reduction would remove the tree's notable qualities and see it removed from the list.

They also recommended the council waive some fees but reject the request to pay for the necessary professional advice and physical works in line with usual practice.

Deputy mayor Larry Baldock, who opened with the statement "I love trees", proposed the council allow the tree to be crown-reduced to the maximum allowed under the city plan and agree to look at a cost-sharing arrangement with the homeowners for the physical work.

"This is a legacy of not having dealt with this tree over 25 years where we ought to have been keeping it to a size where it was manageable for a residential backyard."

He said he would back regulatory change in an upcoming city plan review that would make the council responsible for maintaining notable trees on private property.

Until then, the council had to be wary of setting a precedent around payment.

Tauranga deputy mayor Larry Baldock. Photo/File

Councillor John Robson argued the council should pay the full cost.

"The problem is a creation of this council... I don't see why the cost should fall on the landowner."

Baldock's proposal passed 6-5.

Both Grace and Jeffery said after the meeting were happy with the outcome and the direction the new council was taking.

Grace said she believed the homeowners would be happy to have a conversation about cost-sharing.

The impact of the trees went beyond the properties where they were growing, so it was fair enough to try and share the cost burden with other affected neighbours who would benefit.

It was also good to hear the council was willing to look at the wider picture.

"Notable trees on private land are causing a lot of angst."

HOW THEY VOTED

To assist the homeowners with engaging qualified professionals on a cost-sharing basis.

For: Mayor Tenby Powell, deputy mayor Larry Baldock and councillors Jako Abrie, Kelvin Clout, Heidi Hughes and Tina Salisbury.

Against: Councillors John Robson, Bill Grainger, Steve Morris, Dawn Kiddie and Andrew Hollis.

Notable trees in Tauranga

There are 338 trees on the Notable Trees Register in Tauranga, the vast majority of which are on private residential land.

This protected status gives them protection under the City Plan, and means that it's almost impossible to do anything to them without getting resource consent approval.

Technically, removing, modifying or working under the dripline of a protected tree will almost always require consent.

Costs can run into the tens of thousands of dollars to cover fees - especially if a council decides it needs to be publicly notified.

The trees in Wakefield Dr have been protected since 1995, when subdivision of the area began.

In 2015, a previous owner tried to get consent to cut down one of the trees, but this was refused in 2015 by an independent commissioner.