Dunedin City Council – RM20.280

Public notice is hereby given pursuant to S.95A Resource Management Act 1991 that the following application for resource consent has been received by Otago Regional Council.

 

Decision

 

 

Hearing for the Proposed Landfill Site at Smooth Hill Livestream

Click here to view the livestreamed hearing days below.

 

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Application and other related documents

Consents Required from DCC

Submissions

Minutes

Otago Regional Council S42A Report

Applicant’s Briefs of Evidence

Submitter’s Briefs of Evidence

Applicant’s Legal Submissions and Applicant’s Case Book

Dunedin International Airport Limited - Legal Submissions and Case Book

Documents provided by Applicant at Hearing

Commissioner’s Comments on Conditions

Legal submissions on behalf of Big Stone Forests Limited, Ōtokia Creek and Marsh Habitat Trust, South Coast Neighbourhood Soc Inc, Brighton Surf Lifesaving Club Inc and David Grant and Casebook

Legal Submission Forest and Bird

Applicant’s Responses to Submitter's Evidence

ORC s42A Report Writer’s Statement of Reply and Final Legal Submission with Casebook

Submitters Presenting Notes

Hearing Schedule

Further Submissions of Counsel Big Stone Forests Limited, Ōtokia Creek and Marsh Habitat Trust, South Coast Neighbourhood Soc Inc, Brighton Surf Lifesaving Club Inc and David Grant

Minute 3

Minute 4

Applicant's Final Reply

 

Please see below a timetable of documents to be presented to Council for the hearing scheduled to take place week commencing 16 May 2022 and 23 May 2022. Documents should be forwarded to karen.bagnall@orc.govt.nz.

 

Who/what

Date due

Time due

Section 42A Reports from Otago Regional Council and Dunedin City Council

Wednesday 20 April 2022

 

Applicants’ expert and non-expert evidence

Friday 29 April 2022

2.00pm

Submitters wishing to speak in Te Reo, utilise sign language, or visual aids (power point etc)

As soon as possible but prior to Friday 29 April 2022

 

Submitters’ expert and non-expert evidence

Friday 6 May 2022

2.00pm

Applicants opening legal submissions and digital copies of any cases referred those submissions

Wednesday 11 May 2022

2.00pm

Parties presenting via video conferencing ie Zoom to provide written material ie statements of evidence, speaking notes and/or reports

No later than three days prior to scheduled appearance at hearing

 

Submitters who propose to have legal counsel presenting legal submissions on their behalf to provide submissions and digital copies of any cases referred to in those submissions

No later than three days prior to scheduled appearance at hearing

 

 

Dunedin City Council

Application No. RM20.280

The application (RM20.280) is for the following activities associated with the proposed Smooth Hill landfill:

  • Discharge Permit to discharge waste and leachate onto land, and discharge landfill gas, flared exhaust gases, dust and odour to air, and to discharge water and contaminants from an Attenuation Basin and sediment retention ponds, for the purpose of the construction and operation of a Class 1 landfill.
  • Water Permit to take of up to 87 m3/day of groundwater, and use of up to 50 m3/day of groundwater, for the purpose of managing groundwater collected beneath a Class 1 landfill.
  • Water Permit to divert surface water within the Ōtokia Creek catchment for the purpose of the construction and operation of a Class 1 landfill and associated road realignment works.
  • Water Permit to dam water within an Attenuation Basin for the purpose of the construction and operation of a Class 1 landfill.
  • Land Use Consent to alter, reclaim, and place structures on, the bed of waterbodies and wetlands for the purpose of road realignment works.

Location: Corner of Big Stone Road and McLaren Gully Road, Brighton, at about NZTM2000 1385764E 4905608N.

Legal descriptions of Property: Lots 1 & 2 DP 457417, Sec 1-2 SO Plan 547235 (several other properties will be affected by the access road realignment).

Reasons for public notification: The Council must publicly notify this application for the following reasons:

  • Some of the adverse effects associated with the application are more than minor;
  • The applicant has not provided requested information within the set deadlines and refused to provide some requested information; and
  • Special circumstances exist.

 

Full details of this application are available for inspection upon request. Enquiries may be directed to Hilary Lennox by email to hilary.lennox@orc.govt.nz​.

Submissions on the above application must be received by Otago Regional Council and the applicant no later than 5 pm on Monday 15 November 2021.

A submission form is available for download below.

Submissions

Submissions have now closed.

Submissions on the above application must be received by Otago Regional Council and the applicant (Dunedin City Council) no later than 5pm on Monday 15 November 2021.

A submission form is available for download below.

Printable submission form

Electronic submission form

 

Where to send your submission

Submissions have now closed.

Submissions must be forwarded to Otago Regional Council, Private Bag 1954, Dunedin, 9054 or by email to submissions@orc.govt.nz.

You must also serve a copy of your submission to the applicant - Dunedin City Council c/o Anderson Lloyd Ltd, by post at Private Bag 1959, Dunedin 9054 or by email to michael.garbett@al.nz.

 

Submissions requirements

Any person may make a submission on the application, but a person who is a trade competitor of the applicant may do so only if that person is directly affected by an effect of the activity to which the application relates that:

(a)     adversely affects the environment; and

(b)     does not relate to trade competition or the effects of trade competition.

Submissions must be dated and signed (unless submitted electronically) and must include the following information:

  1. Your name, postal address and telephone number (email and fax number if applicable);
  2. Details of the application in respect of which you are making the submission;
  3. Whether it is in support of, or in opposition to the application, or is neutral;
  4. Your submissions, with reasons;
  5. The decision that you wish Council to make; and
  6. Whether you wish to be heard in support of your submission and you must also serve a copy of your submission on the applicant as soon as reasonably practicable.

 

Please note that this is a joint notification with Dunedin City Council LUC-2020-405.

 

View hearing

View all the recorded livestreams from the Proposed Landfill Site at Smooth Hill hearing.

Note: There is no livestream for day 3 as this hearing day was adjourned. 

 

Application and other related documents

Application - Appendix 1 - Records of Title

PDF | 4 MB

Application - Appendix 2 - General Arrangement Plan

PDF | 6 MB

Application - Appendix 3 - Landfill Concept Design Report

PDF | 24 MB

Application - Appendix 4 - Concept Design Plans Part A1

PDF | 22 MB

Application - Appendix 4 - Concept Design Plans Part A2

PDF | 27 MB

Application - Appendix 4 - Concept Design Plans Part B

PDF | 21 MB

Application - Appendix 4 - Concept Design Plans Part C

PDF | 29 MB

Application - Appendix 4 - Concept Design Plans Part D

PDF | 30 MB

Application - Appendix 5 - Geotechnical Interpretative Report

PDF | 19 MB

Application - Appendix 6 - Geotechnical Factual Report

PDF | 26 MB

Application - Appendix 7 - Economic Assessment Report

PDF | 852 KB

Application - Appendix 9 - Surface Water Assessment Report

PDF | 2 MB

Application - Appendix 8 - Groundwater Report

PDF | 38 MB

Application - Appendix 10 - Air Quality Report

PDF | 6 MB

Application - Appendix 11 - Ecological Impact Assessment Report

PDF | 10 MB

Application - Appendix 12 - Amended Landscape Mitigation Plan

PDF | 4 MB

Application - Appendix 13 - Archaeological Assessment Report

PDF | 12 MB

Application - Appendix 14 - Cultural Impact Assessment

PDF | 3 MB

Application - Appendix 15 - Integrated Transport Assessment Report

PDF | 2 MB

Application - Appendix 16 - Acoustic Assessment Report

PDF | 11 MB

Application - Appendix 17 - Draft Conditions of Consent

PDF | 236 KB

Application - Appendix 18 - Provisions of the Statutory Planning Documents

PDF | 595 KB

Application - Assessment of Environmental Effects

PDF | 3 MB

Application - Appendix 19 - Preliminary Site Investigation Report

PDF | 3 MB

Further s92 response - 5 Aug 21

PDF | 931 KB

Original s92 response - Beca Site Selection Assessment from 1992 - 31 May 21

PDF | 5 MB

Further s92 response - Updated Alternatives Assessment 5 Aug 21

PDF | 438 KB

Further s92 response - Conditions 5 Aug 21

PDF | 978 KB

Original s92 response - Bird Management 31 May 21

PDF | 97 KB

T&T Review of Air Quality Report for Notification Decision 27 Aug 21

PDF | 287 KB

T&T Review of Ecology Report for Notification Decision 3 Sept 21

PDF | 561 KB

T&T Review of Geotech Reports for Notification Decision 26 Aug 21

PDF | 263 KB

T&T Review of Groundwater Report for Notification Decision 2 Sept 21

PDF | 280 KB

T&T Review of Noise Report for Notification Decision 26 Aug 21

PDF | 220 KB

T&T Review of Landfill Design Report for Notification Decision 2 Sept 21

PDF | 270 KB

T&T Review of Surface Water Report for Notification Decision 2 Sept 21

PDF | 263 KB

Application - Appendix 12 - Landscape and Visual Assessment Report

PDF | 11 MB

Section 95 Notification Report RM20.280

PDF | 1 MB

Further s92 response - Draft Landfill Management Plan 5 Aug 21

PDF | 13 MB

 

Consents Required from DCC

Dunedin City Council Submissions should be sent to resconsent.submission@dcc.govt.nz.

 

 

Submissions

 

Minutes

 

Otago Regional Council S42A Report

RM20.280 Section 42A report 20 Apr 22

PDF | 654 KB

s42A report Attachment 1 - DCC responses to pre-hearing questions 18 Mar 22

PDF | 662 KB

s42A report Attachment 2 - Letter from Anderson Lloyd RE conditions, water permit term 5 Apr 22

PDF | 58 KB

s42A report Attachment 3 - Letter from Anderson Lloyd RE road realignment 7 Apr 22 alias

PDF | 53 KB

s42A report Attachment 4 - Draft conditions 5 Apr 22 alias

PDF | 377 KB

s42A report Attachment 5 - Draft conditions ORC edits 20 Apr 22

PDF | 447 KB

s42A report Attachment 6 - Updated Appendix 5 and Appendix 6 - Geotechnical Factual and Interpretative Report-Technical Review 31 Mar 22 alias

PDF | 341 KB

s42A report Attachment 7 - Updated Appendix 9 - Surface Water Assessment 4 Apr 22 alias

PDF | 252 KB

s42A report Attachment 8 - Updated Appendix 8 - Groundwater Technical Review 4 Apr 22 alias

PDF | 321 KB

s42A report Attachment 9 - Updated Appendix 11 - Ecology Technical Review 5 Apr 22 alias

PDF | 775 KB

s42A report Attachment 10 - Landscape Peer Review Report 29 Mar 22 alias

PDF | 153 KB

s42A report Attachment 11 - Memorandum of advice regarding relevance of perceived risks 8 Apr 22 alias

PDF | 116 KB

s42A report Attachment 12 - Memorandum of advice regarding assessment of alternatives 8 Apr 22 alias

PDF | 162 KB

s42A report Attachment 13 - Policy assessment 11 Apr 22

PDF | 421 KB

s42A report Attachment 14 - Summary of Submissions

PDF | 719 KB

 

Applicant’s Briefs of Evidence

01 Statement of evidence of Sandra Graham signed

PDF | 273 KB

02 Statement of evidence of Chris Henderson signed

PDF | 172 KB

03 Statement of evidence of Greg Akehurst signed

PDF | 738 KB

04 Statement of evidence of Richard Coombe signed

PDF | 3 MB

05 Statement of evidence of Mark Stirling signed

PDF | 358 KB

06 Statement of evidence of Samantha Webb signed

PDF | 1 MB

07 Statement of evidence of Anthony Kirk signed

PDF | 12 MB

08 Statement of Evidence of Allen Ingles signed

PDF | 463 KB

09 Statement of evidence of Peter Warwick Stacey signed

PDF | 1 MB

10 Statement of evidence of Andrew Whaley signed

PDF | 15 MB

11 Statement of evidence of Christian Vossart signed

PDF | 397 KB

12 Statement of evidence of Matt Welsh signed

PDF | 349 KB

13 Statement of evidence of Anthony Dixon signed

PDF | 714 KB

14 Statement of evidence of Paul de Mar signed

PDF | 370 KB

15 Statement of evidence of Karin Sievwright signed

PDF | 299 KB

16 Statement of evidence of Phillip Patrick Shaw signed

PDF | 9 MB

17 Statement of evidence of Tanya Blakely signed

PDF | 315 KB

18 Statement of evidence of Dr Jaz Morris signed

PDF | 3 MB

19 Statement of evidence of Rhys Girvan signed

PDF | 4 MB

20 Statement of evidence of Samantha King signed

PDF | 494 KB

21 Statement of evidence of Megan Lawrence signed

PDF | 109 KB

22 Statement of evidence of Maurice Dale signed - Original Version

PDF | 3 MB

22 Statement of evidence of Maurice Dale signed - Revised Version

PDF | 416 KB

 

Submitter’s Briefs of Evidence

Andrea McMillan Smooth Hill Presentation

PPTX | 1 MB

Andrew Rumsby - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc - Revised Version

PDF | 430 KB

Andrew Rumsby - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc - Original version

PDF | 454 KB

Andy Hutcheon - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 101 KB

Anne Claire Mauger - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 1 MB

Blair Judd - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 3 MB

David Grant - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 730 KB

David Ife - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 966 KB

Dennis Kahui -Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 196 KB

Dunedin International Airport Statement of Evidence Matt Bonis with attachments

PDF | 391 KB

Dunedin International Airport Appendix 1 to Ciaran Keoghs Brief of Evidence

PDF | 2 MB

Dunedin International Airport Brief of Evidence CAA Sean Rogers with Appendices

PDF | 1 MB

Dunedin International Airport Brief of Evidence Ciaran Keogh final

PDF | 137 KB

Dunedin International Airport Brief of Evidence Daniel Debono Smooth Hill final

PDF | 397 KB

Dunedin International Airport Ltd Brief of Evidence Richard Roberts Smooth Hill final

PDF | 142 KB

Karen Hanna - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 2 MB

Kelvin Lloyd - Ecology -Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 2 MB

Loveday Why - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 708 KB

Matthew York - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 2 MB

Otokia Creek and Marsh Habitat Trust - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 8 MB

Sarah Ramsay - Big Stone Forest, Otokia Creek and Marsh Habitat and South Coast Neighbourhood Soc

PDF | 348 KB

Te Rūnanga o Ōtākou Yvonne Planning Evidence Smooth Hill Hearing

PDF | 250 KB

Te Rūnanga o Ōtākou Evidence Edward Ellison

PDF | 384 KB

 

Applicant’s Legal Submissions and Applicant’s Case Book

 

Dunedin International Airport Limited - Legal Submissions and Case Book

 

Documents Provided by Applicant at Hearing

 

Commissioner’s Comments on Conditions

 

Legal submissions on behalf of Big Stone Forests Limited, Ōtokia Creek and Marsh Habitat Trust, South Coast Neighbourhood Soc Inc, Brighton Surf Lifesaving Club Inc and David Grant and Casebook

 

 

Applicant’s Responses to Submitter's Evidence

 

ORC s42A Report Writer’s Statement of Reply and Final Legal Submission with Casebook

 

Submitters Presenting Notes

Scott Weatherall - speaking notes

PDF | 313 KB

Garry Irvine - speaking notes

PDF | 127 KB

John Finlayson - speaking notes

PDF | 134 KB

Phil Williams - speaking notes

PDF | 94 KB

Ron King - speakng notes

PDF | 296 KB

Stephen Chittock - speaking notes

PDF | 218 KB

Trish Chaplin-Cheyne - speaking notes

PDF | 398 KB

Andrea McMillan - speaking notes and presentation

PDF | 1 MB

Te Rūnanga o Ōtākou - Edward Ellison - statement of evidence - speaking notes

PDF | 172 KB

Te Rūnanga o Ōtākou - Yvonne Takau - statement of evidence - speaking notes

PDF | 94 KB

Consent condition - Runaka involvement in monitoring

PDF | 77 KB

Tony Granger - speaking notes

PDF | 188 KB

Gerard Closs - speaking notes

PDF | 167 KB

Judith van Aalst - speaking notes

PDF | 67 KB

Wayne Morris - supporting evidence for speaking notes

PDF | 6 MB

Alexis Brown - speaking notes

PDF | 354 KB

Cavan Jenkinson - speaking notes

PDF | 154 KB

Lisa Bosshard - speaking notes

PDF | 1 MB

Colin Weatherall - speaking notes

PDF | 118 KB

James Molloy - speaking notes

PDF | 173 KB

Ramsey Ashworth - speaking notes

PDF | 115 KB

Colin L Weatherall - speaking notes

PDF | 170 KB

Edward Ellison - speaking notes

PDF | 245 KB

Generation Zero - speaking notes

PDF | 80 KB

Yvonne Takau - speaking notes

PDF | 126 KB

Brighton Pony Club - speaking notes

PDF | 350 KB

Lyndon Weggery - information provided at hearing

PDF | 495 KB

Andy Hutcheon - speaking notes

PDF | 32 KB

Anne-Claire Mauger - speaking notes 24 May 22

PDF | 177 KB

Blair Judd - speaking notes 20 May 22

PDF | 148 KB

Kelvin Lloyd Transcript Evidence

PDF | 110 KB

Loveday Why - speaking notes - 22 May 22

PDF | 84 KB

Matthew York - speaking notes

PDF | 54 KB

Munirah Burra - Dave Randle - speaking notes

PDF | 235 KB

Sarah Ramsay - speaking notes 20 May 22

PDF | 133 KB

Simon Laing - speaking notes 24 May 22

PDF | 2 MB

Viktoria Kahui - speaking notes

PDF | 123 KB

Dunedin International Airport - Ciaran Keogh - speaking notes

August 2022

PDF | 118 KB

Ronald King - speaking notes

August 2022

PDF | 340 KB

Saddle Hill Community Board - Scott Weatherall - speaking notes

August 2022

PDF | 390 KB

 

Hearing Schedule

 

Further Submissions of Counsel Big Stone Forests Limited, Ōtokia Creek and Marsh Habitat Trust, South Coast Neighbourhood Soc Inc, Brighton Surf Lifesaving Club Inc and David Grant

 

Minute 3

 

Minute 4

 

Applicant's Final Reply

 

Dunedin City Council - Smooth Hill Landfill - Pre Appeal Decision

 

Dunedin City Council - Smooth Hill Landfill - Post- Appeal Decision