Illegal earthworks prosecution sends strong message

Dunedin (Wednesday, 27 January 2016) – Dunedin City Council's successful prosecution of illegal earthworks at an Ocean View property sends a strong signal that such offending will not be tolerated.

On Monday, South Sea Trust pleaded guilty to three charges brought against them by the DCC under the Resource Management Act 1991.

The three charges related to breaches of the earthworks rules of the Dunedin City District Plan on a 68ha property on Creamery Road, Ocean View.

The earthworks involved volumes up to 30,000 cubic metres (permitted activity – 1367 cubic metres), cuts of 7m (permitted activity – 2m),  fill of 5m (permitted activity – 2m) and earthworks which extended into the required boundary setback.

DCC Resource Consents Manager Alan Worthington says rules around earthworks are in place because without careful management, earthworks can have a detrimental impact on the surrounding environment and can exacerbate existing hazards and create new hazards, potentially result in injury to people and damage to property.

This is the first prosecution DCC has taken for breaches of the earthworks rules, which were made operative under the District Plan in July 2010.

Since that time there have been over 100 complaints formally lodged with the DCC regarding earthworks.

Mr Worthington says that anyone planning to undertake earthworks or retaining works on their property should first check with the DCC if resource and/or building consent is required.

Even if consent is not required, care should be taken to ensure all earthworks effects such as sediment, silt and dust are contained within the disturbed site.

Current earthworks rules are being reviewed as part of the Proposed Second Generation District Plan (2GP).

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