Retrospective consents ordered for Russell earthworks

The owners of this Russell property have been ordered to apply for retrospective consents for earthworks, stream culverting and vegetation clearance. Photo / Supplied

A Russell couple say they believed they had consents when they carried out earthworks and culverted a stream — and set about rectifying it when they found out they didn't.

They didn't and they have now been ordered to apply for retrospective consents for the work.

The construction late last year of a 33m-long jetty at secluded Uruti Bay, between Russell township and Orongo Bay, sparked an outcry among Russell residents who feared its effects on local pipi beds.

While the jetty was consented it transpired that major earthworks on the property, which included diverting a 115m stretch of stream into a culvert, were not.

The property's owners, Brent ''Harry'' McKeogh and Victoria McKeogh, were ordered to stop work, take measures to stop silt entering the bay, and obtain retrospective resource consents from the Northland Regional and Far North District councils.

A meeting at the property between the McKeoghs and members of Kororareka Marae Society on Wednesday appears to have eased tensions over the development, which had been running high.

Marae society chairwoman Deb Rewiri said the meeting, which was facilitated by the regional council, gave marae members a chance to explain their concerns while the McKeoghs were able to explain their plans for the property.

The meeting had allayed people's fears and would help find a way forward, she said.

The whole furore could have been avoided if the NRC had ensured it had feedback from the marae before granting consent for the jetty, she said.

The society had been given until next Friday to respond to the resource consent application for the earthworks. The timeframe had been extended but it was still too short for a group of volunteers who had to call in outside expertise, Ms Rewiri said.

The McKeoghs' lawyer, John Walton, said it wasn't the intention to carry out unconsented work.

''They honestly believed they had consent. When they found out they didn't they applied to have the position rectified.''

NRC regulatory services manager Colin Dall said when council staff first inspected the site on November 9 they found no issue with the jetty or evidence it had affected the pipi beds by more than a minor extent.

They did find, however, that the culvert required a regional council resource consent. Other consents were needed from the Far North District Council for the earthworks.

The regional council issued a stop work notice that day; abatement and stop work notices from the district council and Heritage NZ followed.

Mr Dall said the regional council received the required consent application just before Christmas and was processing it. A final decision had not been made about whether the application would be publicly notified.

The application is for consents to install a 115m-long pipeline within a stream and associated earthworks and vegetation clearance within the stream bed. The earthworks carried so far are estimated to total 5000cu m.

Meanwhile, FNDC spokesman Ken Lewis said resource consent applications had been received for earthworks, storm water control and ecological mitigation/revegetation.

The applications were still being assessed.

The McKeoghs withdrew a separate resource consent application to dredge an area of seabed next to the jetty to allow vessels to moor alongside. They now plan to install grounding pads instead.

They also agreed, after meeting Heritage New Zealand staff, to undertake an archaeological assessment to see if any historic sites had been damaged. The report has yet to be completed.

Mr Walton said the McKeoghs were looking forward to ''enjoying the peace and quiet Russell has to offer''.

Meanwhile, Russell environmental campaigner Emma Gibbs-Smith said she would continue calling on the regional council to revoke the jetty consent.

Because the original jetty was just 3.2m and the new one 33m it should have been regarded as a new structure, not as an extension to an existing one, she said.