Infringements and abatement notices over earthworks

Joint statement from WCRC and GDC:

West Coast Regional Council and Grey District Council have received the independent peer review they commissioned of the geotechnical information provided by the owner of land where earthworks have been carried out above Tindale Road and Freyberg Terrace/Chuns Hill.

The independent peer review confirms the findings of the original geotechnical assessment. The experts agree that, while the earthworks have had significant effects, there is currently no immediate land instability risk arising from the works.

The review has also identified steps that need to be taken to manage the site and minimise the risk of instability or other adverse effects developing in the future.

West Coast Regional Council Group Manager Regulatory and Policy Matt Smith says the councils have now agreed on the regulatory response.

“Following consideration of the independent peer review, the councils have each agreed to:

• issue infringement notices to the landowner and contractor for breaches of rules in the district and Regional Plan relating to earthworks and vegetation clearance;
• issue an abatement notice requiring the recommendations in the geotechnical report and peer review to be actioned, including measures to manage drainage and sediment and the removal of slash and uncompacted soil; and
• require resource consent for the work already undertaken and for any future works at the site.

“The independent review provides important confirmation that there is no immediate land instability risk from the works. However, there are actions that need to be taken to ensure the current situation is appropriately managed and that the risk does not increase over time.

“The earthworks were undertaken in breach of both regional and district planning rules. The regulatory response is intended to address those breaches while ensuring the site is appropriately managed in the future.”

Grey District Council General Manager Regulatory Peter O’Sullivan says the works were a clear breach of the planning rules.

“This was a blatant breach of the planning rules, although the landowner has been co-operative through the investigation.

“We acknowledge and thank the residents in the area who have kept us informed and endured a worrying time while the effects of the unconsented earthworks were investigated and understood.

“The geotechnical assessments have found the effects of the earthworks are significant, therefore it is critical that the recommendations in the reports are implemented so the situation and the risk does not escalate.”