Ngunguru Sandspit Protection Society
 
 
Main Menu
Home
Content
All items
Key Resources
Articles by Topic
Events
Other Coastlines
Human Interest
Photo Gallery
Links
Navigation
Search
Index
Action
Contact / Donate / Join
Comment Page
Sandspit Prints
Secure Login Form





Lost Password?
No account yet? Register
Verse of The Day
“Na ko te kianga a Ihu, Tukua mai nga tamariki nonohi, aua hoki e araia atu ta ratou haere mai ki ahau: no nga penei hoki te rangatiratanga o te rangi.” (Matthew 19:14)

Powered by BibleGateway.com
Recent popular items
Tutukaka Coast promo
Home arrow Articles by Topic arrow Earthworks arrow It's official: LandCo is in breach of its conditions
It's official: LandCo is in breach of its conditions PDF Print
User Rating: / 1
PoorBest 
Articles - Earthworks
Written by NSaPS / WDC   
Thursday, 28 June 2007

An abatement notice was served on Neverlands Investments Ltd (Landco) by Whangarei District Council on 17 May 2007 for non-compliance of Land Use Resource Consent conditions on Whakairiora. The Abatement Notice requires that no earthworks are carried out above the permitted volume and that no further earthworks and vegetation removal are undertaken until various conditions are met.

Since mid-December 2006 when Landco/Neverlands began earthworks and vegetation clearance on Whakairiora our team has been in contact with WDC alerting it of non-compliance of conditions.

Click on 'Read more...' below to view a copy of the abatement notice.

ABATEMENT NOTICE UNDER SECTION 322
OF THE RESOURCE MANAGEMENT ACT 1991

To: NEVERLAND INVESTMENTS LTD
        P0 BOX 106249
        AUCKLAND

  1. The location in respect of which this Abatement Notice applies is the property located at Ngunguru Ford Road, RD 3, Whangarel legally described as Lot 3 of DP 325466 (hereinafter described as “the property”).
  2. The Whangarei District Council gives notice pursuant to Section 322(1)(b)(ii) of the Resource Management Act 1991, that you must:
    1. Cease the use of the property for any further activity which includes the clearance of indigenous vegetation and/or earthworks which are not undertaken in accordance with the conditions placed on a land use resource consent which was granted by the Whangarei District Council on 17 August 2005 and amended by the Environment Court on 31 July 2006 and which is identified as RC38352; and a subdivision consent which was granted by the Whangarei District Council on 17 August 2005 and amended by the Environment Court on 31 July 2006 and which is identified as RC38353.
    2. Supply to the Whangarel District Council for approval:
      1. A detailed set of engineering plans prepared in accordance with Council’s engineering standards as required under condition 1(d) of subdivision consent RC38353. These plans are required to have been submitted and approved and all associated plan inspection fees paid before any construction works commenced as per condition 2(c) of subdivision consent RC38353.
      2. A detailed Landscape Plan as required under condition 1(j) of subdivision consent RC38353.
      3. An integrated Ecological Management Plan as required under condition 1(k) of subdivision consent RC38353.
      Conditions 2(ii)(a) — (c) of this Abatement Notice can alternatively be met by including the information outlined above in a new land use consent application and/or variation to the existing subdivision consent that is lodged in accordance with the requirements of condition 2(iii) of this Abatement Notice.
    3. Include in a new land use consent application and/or variation to existing subdivision consent those areas of earthworks and vegetation clearance that have already been undertaken on the property and which fall outside of the land use and subdivision consents already granted (i.e. RC38352 and RC38353), in particular any earthworks and vegetation clearance undertaken at the Ngunguru Road end of the accessway and previously used to store vehicles and machinery and delineated by security fencing.
  3. Compliance with condition 2(i) of this Abatement Notice must commence immediately upon receipt of this notice. Compliance with conditions 2(u) — 2(iii) must be undertaken in a timely manner.
  4. The reasons for this notice are: Your use of the property for the undertaking of indigenous vegetation clearance and earthworks which are not undertaken in accordance with the conditions placed on a land use consent (RC38352) granted by the Whangarei District Council on the 17 of August 2005 and amended by the Environment Court on 31 July 2006 and/or a subdivision consent (RC38353) which was granted by the Whangarei District Council on 17 August 2005 and amended by the Environment Court on 31 July, is:
    1. In contravention of Section 9(1) of the Resource Management Act 1991 in that such constitutes a use of the property which is neither expressly allowed by a resource consent nor an existing use; and/or
    2. In contravention of the provisions of the Whangarei District Proposed Plan and in particular:
      1. Rule 39.9 (Indigenous vegetation clearance) of the Landscape Area (Notable Landscape) Rules of the Whangarei District Proposed Plan in that the use constitutes an activity which is not a permitted activity; and
      2. Rule 39.10 (Earthworks) of the Landscape Area (Notable Landscape) Rules of the Whangarei District Proposed Plan in that the use constitutes an activity which is not a permitted activity.
      3. Rule 28.21 (Indigenous vegetation clearance) of the Coastal Countryside Environment Rules of the Whangarel District Proposed Plan in that the use constitutes an activity which is not a permitted activity.
  5. If you do not comply with this notice you may be prosecuted under Section 338 of the Resource Management Act 1991 (unless you appeal and the notice is stayed as explained below).
  6. You have the right to appeal to the Environment Court against the whole or any part of this notice. If you wish to appeal, you must lodge a notice of appeal in Form 49 with the Environment Court within 15 working days of being served with this notice.
  7. An appeal does not automatically stay the notice and so you must continue to comply with it unless you also apply for a stay from an Environment Judge under Section 325(3A) of the Resource Management Act 1991 (see Form 50). To obtain a stay, you must lodge both an appeal and a stay with the Environment Court.
  8. You also have the right to apply in writing to the Whangarei District Council to change or cancel this notice in accordance with Section 325A of the Resource Management Act 1991.
  9. The Whangarei District Council authorised the enforcement officer who issued this notice. Its address is Cl- Forum North, Rust Avenue, Private Bag 9023, Whangarel.
  10. The Enforcement Officer is acting under the following authorisation: The warrant of authority dated 1 July 2003 issued under Section 38(1) of the Resource Management Act 1991 by the Whangarei District Council

Kerry Grundy
Whangarei District Council Enforcement Officer
Dated: 17 May 2007.


Add as favourites (89) | Quote this article on your site | Views: 2036

Be first to comment this article

Only registered users can write comments.
Please login or register.

Powered by AkoComment Tweaked Special Edition v.1.4.6
AkoComment © Copyright 2004 by Arthur Konze - www.mamboportal.com
All right reserved

Last Updated ( Thursday, 28 June 2007 )
 
< Prev   Next >

Email: secretary@ncag.org.nz

© 2017 Ngunguru Sandspit Protection Society
Joomla! is Free Software released under the GNU/GPL License.