An aerial view of Boundary Rd, Hikurangi, showing the locations of Golden Bay Cement’s existing quarry and a subdivision development. Main photo / Google
A housing subdivision in Whangārei is going ahead after a nearby quarry’s opposition was settled out of court with a deal that should stop future residents from complaining about the quarry’s operations.
The 5.58ha subdivision at 35 Boundary Rd, Hikurangi, is on land that was zoned residential in 2005 and bought by Hika Ltd about three years ago for a housing development aimed at first-home buyers.
Last September, independent commissioner Bill Smith, acting on behalf of Whangārei District Council (WDC), granted Hika resource consent to create 51 residential allotments, a large rural-zoned lot, roading and a drainage reserve.
However, Fletcher Concrete and Infrastructure Ltd (trading as Golden Bay Cement), which operates the Wilsonville Quarry between 200 and 250 metres away, appealed to the Environment Court, arguing that a subdivision so close could result in complaints from future residents about noise, dust, vibrations, blasting and other quarry-related activities.
Such complaints could hinder operations and future expansion of the quarry, which was a crucial source of limestone for its cement production, Golden Bay said.
At mediation in February, Golden Bay and Hika representatives reached an agreement to accept the developer’s earlier offer to make provision for various covenants, including a no-complaints (reverse sensitivity) one.
The mediated agreement has since been considered and approved by Environment Court Judge Jeff Smith, who recently released details of it.
Under the no-complaints (reverse sensitivity) covenant, anyone occupying or using the subdivision will be prohibited from complaining – directly or indirectly – about Wilsonville Quarry’s approved operations.
Judge Smith said he was satisfied the agreement was an appropriate response to Golden Bay’s concerns.
“The agreement recognises the long-standing residential zoning of the land, in proximity to a Quarrying Resource Area and Mining Area, and the potential for effects on both the residential development and Wilsonville Quarry.”
He said the no-complaints covenant would not have been the court’s preferred way of resolving the dispute. However, because it was not the main solution agreed, he would allow it.
The arrangement also included Hika agreeing to reduce the number of housing lots in the subdivision from 51 to 44 so a buffer zone could be extended between the subdivision and quarry, and to retain some natural land formations that would also have a buffering effect.
“The parties have taken a balanced approach in agreeing on changes to the [resource management] consent. Overall, I consider that the sustainable management purpose and the other relevant requirements of the [Resource Management] Act are broadly met”, Judge Smith said.
The cement company did not respond to requests for comment. A spokesman for Hika said he was pleased with the outcome of the mediation. While still an expensive process, it had saved both parties the need to go through more complex and time-consuming court proceedings.
Hika has been developing land in Northland since the early 2000s.
It was hoped economic conditions would be positive enough to begin earthworks at Hikurangi this October, the company said.
The subdivision would provide affordable housing options that were badly needed and would complement one already being built by the He Puna Marama Trust to the south of the site.
The agreed buffer zone to the north would extend one that already existed near Cinder Way and would be planted in native trees, creating a park-like area that would not only be an amenity for subdivision residents but also for the wider community, the company said.
There would be a similar boundary of native trees alongside the border with State Highway 1 to visually enhance the area and to reduce traffic noise.
Each new lot will be connected to the existing WDC water main and reticulated wastewater network.
The main internal access will be via a new public road intersecting Boundary Rd.
Right-turn bays will be added to SH1 at Cinder Way and King St, with approval from NZ Transport Agency Waka Kotahi (NZTA).
Sarah Curtis is a general news reporter for the Northern Advocate. She has nearly 20 years’ experience in journalism, most spent court reporting in Gisborne and on the East Coast. She is passionate about covering stories that make a difference, especially those involving environmental issues.