An independent report into the felling of trees at the Laurel Bank property on Frankton Road has confirmed that the developer acted lawfully in the removal of the trees and that the Queenstown Lakes District Council's process was appropriate, QLDC chief executive Duncan Field said.

"That is not to say that the report hasn't highlighted some lessons for the Council or that the Council doesn't remain disappointed that the developer has exercised the option to remove the trees," Mr Field said.

The Council initiated the independent inquiry after four mature cypress trees were felled at the property in July.

Having reviewed the consent and communications regarding the matter, independent reviewer and barrister Mr John Matthews also conducted interviews before submitting his findings.

"We wanted the report to tell us clearly what happened in this case, whether we could learn anything from it and to clarify the protection status of the trees that were felled and the remaining heritage wellingtonia tree," Mr Field said.

The first conclusion Mr Matthews reached was that only the wellingtonia tree that is still standing was protected by the provision of the District Plan. The report however also disclosed that uncertainty about what was protected was widespread and went on for too long.

"An assumption was made that all the trees were protected on the site, they were not. The Council, the planners and the heritage groups were all initially working on the basis that all of the trees were protected. It was our role to clarify this and it didn't happen," Mr Field said.

Had it been clarified it wouldn't have stopped the trees from being removed but nevertheless it was poor practice, he said.

Mr Matthews also concluded that when the objection to the original resource consent was made by Perron (developer) and the status of the trees clarified, the Historic Places Trust and the Queenstown and District Historical Society should have been informed although this action, which was the role of the planners, could not have saved the trees.

"As Mr Matthews points out, unbeknown to the Council and the community, the trees could have been rightfully felled by the developer at any time, regardless of the application before the Council. That was an omission in the District Plan dating from 1995 that we are going to lengths to ensure does not happen again through the Heritage Plan Change and the proposed tree policy," Mr Field said.

Council staff were working towards bringing a tree policy to this month's full Council meeting that would introduce, after public consultation, an internationally recognised system for the protection of trees, district-wide.

"I think if anything at all positive can be taken from the loss of the cypress trees it is the fact that it has encouraged the community to become much more active in scrutinising the Heritage Plan Change and prompted the Council to look at an additional layer of protection for amenity trees," he said.

The report also discussed the obligation of those in the planning process not to 'leak' information for improper purposes.

"If this did occur it would amount to a serious breach of their duties and responsibilities," the report stated.

"Certainly behind the scenes we attempted to stop the felling but legally our hands were tied and this report confirms our position," Mr Field said.

Meanwhile the Council had put in place a stringent regime to ensure the protection of the wellingtonia tree on the Frankton Road site.

"We have yet to receive a resource consent from the developer to develop the site, which will give us the opportunity to place conditions on the consent that will ensure the ongoing future protection of the wellingtonia but in the interim every effort is being made to protect the tree," QLDC parks manager Gordon Bailey said.

According to the tree's protection status under the District Plan, the Council had been able to establish a large root protection zone around the tree.

"I will personally be present on site to supervise any future works involved around preparing the site for development," Mr Bailey said.

ENDS

For further information please contact Duncan Field 03 441 0499.

By: Tamah