A Mapua couple will likely appeal a decision preventing
them from cutting down a protected tree on their Heriot Row
Eve and John Jackson had hoped to remove the
80-to-100-year-old maple tree to allow a prospective buyer to
build on the section.
The subdivided site was the garden next to the Basil
Hooper-designed Ritchie House which the Jacksons had restored
before selling it to St Hilda's Collegiate School last year.
But the tree is on the Dunedin City Council's schedule of
trees, which means it cannot be removed without resource
A consent application was opposed by 10 of 11 submissions
Following a hearing last month, the Dunedin City Council
panel, chaired by Cr David Benson-Pope, released its
decision, saying as the tree was healthy and a mature
specimen it should be retained for its amenity.
While the site had ''atypical development constraints''
including poor access, the tree and a restrictive covenant,
they were in place when the couple bought the property.
''It considered the implications for development of the site
or future sale should not have been a surprise to the
The committee believed the development of a small dwelling
could occur on the site despite the issues.
It also encouraged the owners to prune the tree to remove
deadwood and enhance its amenity values.
Ideally, the property should be retained as gardens, but the
owners could not be expected to maintain the section for the
enjoyment of others long term, the decision said.
''A future development on this site should be anticipated
unless the site is sold and amalgamated with an adjoining
Mrs Jackson said she did not want to comment on the decision
as the couple would probably appeal it.
The couple had 15 days from receiving the decision to appeal
to the Environment Court.