9 September 2008 Notice of Motion

Council considered a Notice of Motion on 9 September 2008 and resolved as follows:

a ‘Council acknowledges that the avenue of Hills Fig trees with its canopy, in Laman Street, Cooks Hill, is much loved and has iconic status as a streetscape feature of inner Newcastle’.

b ‘Council replace the two removed Hills Fig trees with an appropriate species at the eastern end of Laman Street, near Newcastle Region Art Gallery (one on each side of the street) as a matter of priority’.

c ‘Council receive a report on the planting options to replace trees lost in the cultural Precinct area of Laman Street as a result of the June 2007 storm’.

Download the adopted Notice of Motion (4.8kb pdf)

3 February 2009 Briefing

The City Arborist gave a briefing to Council on 3 February 2009 detailing the background to specific issues relating to the Fig trees in Laman Street and the Cooks Hill area.

Download the Council decision to adopt the briefing (4.2kb)

19 May 2009 Report

Council considered a report detailing options for renewing the trees in Laman Street cultural precinct, and resolved on 19 May 2009:

a. ‘Council notes the 3-page officers report dated 15 May 2009, including that the ‘trees have been assessed as having a remaining life expectancy of between 5 and 15 years’.

b. ‘Council receive an appropriately phased replacement strategy for the individual trees, including costed options that:

i. Recognise the value that the mature trees bring to Laman Street.

ii. Preserve the canopy cover and landscape qualities of Laman Street.

iii. Investigate a range of risk management approaches with the view to retaining the trees for as long as practicably possible.

iv. That notes the benefits of staggering the cost over a number of years.

v. Commence growing the replacement trees’.

Download the Council resolution (4.7kb)

May - November 2009 Investigation

Risk abatement plan developed based on Marsden and QTRA reports ‘“ plan implemented 23 September 2009 due to gale force weather conditions. Hills Fig collapse of branch system in Swan Street. Ongoing data gathering and investigation within precinct to inform consultation process.

17 November 2009 Report

Council considered a report detailing options for renewing the trees in Laman Street cultural precinct, and resolved on 17 November 2009:

a) ‘Council notes the 3-page officers report dated 15 May 2009, including that the ‘trees have been assessed as having a remaining life expectancy of between 5 and 15 years’.

b) ‘Council receive an appropriately phased replacement strategy for the individual trees, including costed options that:

i  Recognise the value that the mature trees bring to Laman Street.
ii Preserve the canopy cover and landscape qualities of Laman Street.
iii Investigate a range of risk management approaches with the view to retaining the trees for as long as practicably possible.
iv That notes the benefits of staggering the cost over a number of years
v  Commence growing the replacement trees’.

Download the Council resolution (4.8kb)

8 December 2009 Council Inspection and Public Voice

Download the Transcript of the Public Voice (78.3kb)

15 December 2009 Notice of Motion

Council adopts rescission motion:

Download the Rescission motion (6kb)

17 August 2010

Council resolved:

a) The ‘Laman Street and Civic Park Precinct Design Framework’ (May 2010) be adopted as the guiding principle and that Laman Street be implemented as Stage 1 of the precinct project.

b) The Hills fig trees in Laman Street Newcastle between Darby Street and Dawson Street be removed as soon as possible and replaced with a central line of Hills figs as soon as suitable trees can be provided.

c) Detailed designs in accordance with the design framework be prepared immediately and referred to the Newcastle City Traffic Committee.

d) Council be briefed by December 2010 on implementation of the Laman Street and Civic Precinct renewal project.

Download the Laman Street resolution 17 August 2010 (23Kb pdf)

16 November 2010

Urgency motion: Laman Street Hills Fig Trees

Council resolved to investigate the feasibility of a pull test of the 14 Laman Street trees which will be reported back to Council. Council will also be briefed on the outcome of the civic master planning process.

14 December 2010

Council adopted the following resolution:

1. Council retain the 14 fig trees in Laman St Cooks Hill

2. Council implements alternative risk mitigation, monitoring and tree management strategies including:

a) Transform Laman St permanently to a one way street
b) Keep warning signs
c) Prevent parking near the base of trees and on exposed roots
d) Mulch around the base of trees
e) Encourage aerial root growth
f) Adopt a monitoring regime of:

i. Two weeks initial monitoring
ii. Followed by a further two week periods until significant winds
iii. Monitoring on a six month basis for 18 months
iv. And then once a year
v. Or after an extreme weather event
vi. Action taken from an OH&S perspective

3 Council notes that the ongoing management and assessment of the Laman St trees needs to be conducted from both a tree preservation and a health and safety perspective by a qualified organisation with a proven tree preservation standpoint

4. Council replaces the four Hills Fig trees that are missing form Laman St as a matter of priority.

5. Council establishes a working party to establish points above

6. Council attains advice from ENSPEC executive and pay up to $500 for travel

14 December 2010

Council resolved to

a) place the draft Laman Street and Civic precinct design framework on public exhibition and

b) receive a report on the outcome of the public exhibition.

19 April 2011

Council resolved to

a) be briefed by ENSPEC on alternative risk management strategies with a view to removing the temporary barriers and

b) receive a report on the Laman Street Trees Working Party as soon as possible through the Urban Planning and Design Strategic Advisory Committee.

5 July 2011

Council resolved to endorse the

a) draft design principles for the draft Laman Street - Civic Precinct Design Framework with addition words

b) design principles for the Laman Street - Civic precinct.

19 July 2011

Council considered two separate motions at this meeting

Motion one - Council resolved not to proceed with dynamic testing of the Laman Street Hill Figs trees.

Motion two - Council resolves to remove the 14 Fig Trees as soon as practical under section 88 of the Roads Act 1993 (NSW) because Council is of the opinion that the Fig Trees are likely to cause danger to traffic, property and persons in the use of Laman Street and are a traffic hazard in severe weather events.

Note: The Lord Mayor advised he would be submitting a recission motion for these items.

2 August 2011

Council supported the Lord Mayoral Minute and resolved

1. Council appoint a reference panel comprising four Councillors and the General Manager to confirm a suitable, mutually acceptable process for mediation with Save our Figs in relation to the immediate future of the Laman Street trees, and to select representatives from that reference panel to represent Council in that mediation.
2. The General Manager communicate with retired Justice Michael McHugh AC QC formerly of the High Court and NSW Court of Appeal, to determine his advice on how he wishes to proceed to conduct the mediation.
3. Council adjourn items 22 and 23 of this meeting until the outcomes of the mediation.
4. Council asks that mediation is to be completed by the 31 August 2011.

Council nominated Councillors Claydon, Cook, Jackson and Osborne to be on the reference panel.

25 August 2011

The recission motion relating to dynamic testing of the Laman Street Hills Figs was not supported. The original motion of 19 July 2011 remains.

Council resolved not to proceed with dynamic testing of the Laman Street Hill Figs trees.

The recission motion relating to the removal of the Laman Street Hills figs was not supported. The original motion of 19 July 2011 remains.

Council resolves to remove the 14 Fig Trees as soon as practical under section 88 of the Roads Act 1993 (NSW) because Council is of the opinion that the Fig Trees are likely to cause danger to traffic, property and persons in the use of Laman Street and are a traffic hazard in severe weather events.

13 September 2011

Council resolved

1. That Council agree in principal to proceed with third party determination of the Laman street trees matter with Save our Figs to address the questions identified in Attachment A of Item 123 CCL25/08/11 General Manager's Report on Outcome of Laman Street Trees Mediation from the Extraordinary Council meeting of 25 August, or a mutually agreed variation of these questions. 
2. That the independent expert assessment involve the engagement of an appropriately qualified mutually acceptable expert or experts (eg an arborist and/or risk assessment expert) at a maximum cost to Council of $20,000, on the basis of Save Our Figs contributing an equal amount to Council up to this maximum, and fully covering any mutually agreed excess beyond Council's maximum amount.
3. That subject to the above, the Council reference group appointed for the mediation be delegated to:
4. Negotiate and finalise the specific details of a mutually acceptable independent expert assessment model with representatives of Save Our Figs that would provide a report and recommendations to Council before the expiry of the insurance coverage. Jointly identify and engage a suitable person (or persons) to undertake the independent expert assessment and determine any other necessary arrangements to initiate the agreed independent expert assessment process.
5. That the above delegation be carried out without the need for further reference to the Elected Council, except where, in the view of the reference group, such further reference is warranted.
6. That the findings and recommendations arising from the independent expert assessment must be referred to Council for final determination.

4 October 2011

Council supported the recission motion

Pursuant to Clause 56.2 of Council's Code of Meeting Practice we the undersigned Councillors submit this rescission motion in relation to the motion resolved at the Extraordinary Council meeting 13 September 2011 with regard to the third party determination of the Laman Street trees matter.

The effect of the resolution is to rescind the resolution of the 13 September NOM 13/09/11 - Third party determination of the risk presented by the Laman Street trees.

Council also supported a notion of motion to review the process relating to Laman Street fig trees

1. Council directs the General Manager to conduct a review of the Laman Street Fig Tree issue and provide a report evaluating processes adopted by Council, with recommendations for improving Council’s engagement processes in respect to issues of major community significance. 
2. • the community consultation methodologies and processes used by Councilthe scope of information supplied to Councillors and the community
   • methods of communication between the Council administration, Councillors, key stakeholders, community groups and the media
   • the function and operation of the Laman Street Fig Trees Working Party, relevant Advisory Committees and Council
   • any other communication or consultation elements considered relevant by the reviewer
3. The review will comprise an evaluation of the following, with regard to the Laman Street Fig Trees:
4. The General Manager should table the completed report by February 2012.

1 December 2011

A motion to consider and respond to the recent offer of assistance from The Premier, Barry O’Farrell in relation to the Laman Street fig trees was defeated.

3 April 2012

Council resolved

The draft design and report Attachment A and the supplementary report be placed on public exhibition for a period of six weeks from Tuesday 10 April 2012 until Friday 25 May 2012.

The Red Cedar tree be included in the list of options for tree planting that is placed on public exhibition. Growth timeframes for individual species be researched and also placed on public exhibition.