Australasian hardware chain Bunnings has launched its appeal to overturn a ruling preventing them from building a megastore on the Heretaunga Plains fertile soil.
Bunnings' application to build a 10,263sq m warehouse store off Pakowhai Rd was declined in 2009 by independent commissioners who stated the proposal would impact the productivity
of plains soil.
In the Environment Court in Hastings yesterday, Bunnings lawyer Bill Loutit argued the effects on the soil were no more than minor, and could be mitigated by the relocation of 6000sq m of topsoil from the site.
Judge Brian Dwyer said he was not inclined to hear evidence of the proposed removal, as it was outside the scope of the application before the court.
Mr Loutit said even if the soil relocation was not actioned, the effects on the plains would be minimal, as the soils had "already been degraded by innocuous contaminants", which included pieces of brick, plastic pipes and other debris.
The soil was only of low, or moderate quality, he said. The 4.4ha area, situated immediately north-east of the intersection of Pakowhai and Evenden roads, 5.4km from the CBD, was not economically viable for agricultural or horticultural use, being "too small as a unit".
Bunnings property and development manager Daniel Kneebone said the company was initially interested in building the megastore on the Nelson Park site, yet commercial terms and issues of funding security thwarted the idea.
Hastings District Council lawyer Matthew Casey, QC asked: "So you got beaten to the line by your main competitor? So now you want to compete on the same terms and another area in the city has to be found for you to do that?"
Mr Kneebone said the firm had trouble finding vendors who were willing to sell, and that the company could not "materially compromise" by building on a smaller scale.
"So it's then up to the district plan or resource consent process to deliver a site of that size?" Mr Casey asked.
"We base that criteria on market demand ... if we don't get the size right it can be an expensive exercise," Mr Kneebone said.
Hastings District Council was successful in 2009 in re-zoning part of the Plains Zone to facilitate the development of the Regional Sports Park.
The hearing, in front of Judge Dwyer and commissioners Heather McConachy and David Bunting, is expected to last the rest of the week.
