A Tauranga City Council hearing panels is being adjourned to inspect a London Plane Tree which is causing problems for its former owners.

Former owners Phillipa and Margaret Howcroft want to cut back a limb of the tree, which now sits on a neighbouring property but overhangs their fence.

Two Tauranga residents want to cut back trees hanging over their fence.

The hearing eventuated after the Howcrofts discovered they'd have to file a resource consent application to prune the tree – because the species is now listed as a notable tree under TCC rules.

The hearing came about when TCC staff decided the Howcroft's resource application 'is not detailed enough”.

But the Howcrofts are refusing to take a gamble and go to the extra expense of providing a requested landscape report, which isn't part of the original council requirement.

'We just want to be treated fairly,” says Margaret Howcroft.

The land is former kiwifruit orchard which the Howcroft family developed during 34 years living on the property.

'The trees were there. Some of the trees next door were chopped down when Belvedere did their subdivision, and they were London Plane trees too,” says Margaret.

'Our neighbour went to town, when they were doing the subdivision next door, and had the three London Plane Trees put on the protected list,” says Margaret.

'Once they were put on the protected tree list we did have a meeting with Mayor Stuart Crosby, three or four years ago, with the council arborist. He was quite good about the whole thing but nothing happened.”

'We did make a submission to council about the trees going on the district plan, but they had three councillors sitting on that committee and they turned us down. Today, we were very pleased because we felt they took an interest in our concerns.”

Margaret says the tree blocks out sun from her section and says the couple are now facing paying for work to be done on a tree that is not owned or controlled by them, but has been allowed to grow via council rules.

'As the council decided the greater good of the community is served by this tree, why must I bear the costs now and in the future of this tree?,” asks Margaret and her daughter Phillippa in their written submission.

If the tree is an amenity for all, then all must pay, says the Howcrofts. 'The council stands for all who wished the tree to remain and needs to accept responsibility for it.”

The Howcrofts want their resource consent fee refunded and the council to pay for the aborist's report and the trimming of the tree, should it be approved.

'This situation is against the principles of natural justice for us to be penalised by both the very presence of the tree; and then, extra difficulties maintaining it and building under it,” says Margaret.

The arborist's report states the overhang onto the Edwin Grove section can be reduced by removing one large leader about 400mm-500m – a size similar to that of a large limb recently removed from a London Plane Tree in Belvedere Reserve by the council. One other branch, about 300mm in diameter, and up to seven others between 30mm and 100mm, may also be removed, according to the report.

Council staff rejected the Howcroft's application, saying they didn't adequately assess the environmental effects of pruning the tree; and there is an absence of detail on what building was proposed to go under the tree.

No detail was provided on site works, including the extent of any levelling or retaining, says TCC environmental planner Karen Steer.

TCC requires a resource consent if the Howcrofts are to do any work within the drip line of the tree.

At the hearing Karen Steer told the Howcrofts they could build outside the drip line without a consent, but the building will be about 200m2.

'We were shattered when she said you have 200m2 to build on,” says Margaret. 'Of course what sort of house are you going to build on 200m2.”

TCC hearing chairman Wayne Moultrie adjourned the hearing, saying the panel including councillors David Stewart and Terry Molloy, will have a look at the tree themselves before making their decision.