He also questioned the status of the 80m separation zone established in 2006 to protect the Crail and Hayman family kiwifruit orchards now the New Zealand Transport Agency owned the Crail orchard and estate developer Element IMF owned the Hayman orchard.
Council policy planner James Danby said although the planting buffer notified in the original plan was 30m, the final decision in 2006 had been to reduce the buffer to 10m.
Mr Smyth responded by saying residents did not have any recollection of the negotiations that led to the 10m buffer.
Allan Watson, the independent commissioner hearing the plan change, said he was unable to revisit earlier proceedings.
Everyone would have presented their points of view in 2006 and a decision was made.
Another big concern for residents, the reduction in the size of a stormwater detention pond and the lifting of the pond 4m above the level of Belk Rd, had been solved by Element IMF withdrawing the proposal after the Bay of Plenty Regional Council placed big hurdles in front of the developer, including modelling the entire Wairoa River catchment.
Residents were afraid that reducing the pond's size and lifting it above the level of the road would see all the water come their way if the banks burst.
Belk Rd residents' requests for industrial expansion
*Reduce building heights and widen distance to road boundary
*Controls on building colours
*More effective rules on screen planting
*Reduce rural conflict from activities and storage around industrial buildings