Councillors vote to address fill loophole – in 2022

Residents and councillors want to regulate soil dumping on farms.

Auckland Council looks set to address a Unitary Plan loophole that allows unregulated dumping of fill on farmland – but not until July next year at the earliest.

Planning committee members voted to prioritise the issue at their meeting on August 5, following a presentation by Blackbridge Environmental Protection Society (BEPS) chair Warwick Hojem, but said it could only be done at the beginning of the next financial year due to budgetary and workload constraints.

That was something of a mixed blessing for Dairy Flat residents affected by the hundreds of trucks currently bringing in countless tonnes of fill every day to five separate sites in Blackbridge Road (HM, June 2).

Mr Hojem said after the meeting that the committee vote was better than nothing, as he understood that Council had previously not been intending to look at the issue until 2023.

“If it gets discussed and actioned a year earlier, then, it is better than nothing, though the operative word here is ‘actioned’,” he said. 

“That said, I am very disappointed that the sedimentation (and potential poisoning) that all these uncontrolled works will add to the waterways does not allow this to be bumped up in terms of priority. 

“Every day I see an advert on TV about the Three Waters central government-driven clean waters proposal and if Council was serious about both matters, then this should be right near the front of the queue, not one year away.”

Mr Hojem told councillors that the ancillary farmworks loophole was being exploited.

“From our perspective, there’s a distinct urgency about bringing this before yourselves to see if you can implement a plan change,” he said. “These operators can dump anything. A landfill can take in asbestos, managed fill is allowed a certain amount of toxins, clean fill is supposed to be clean, but there are no limits with ancillary farmworks.”

Rodney Councillor Greg Sayers said there were legitimate ways for development sites to get rid of soil through consent processes. 

“But here, a farmer can take soil, any amount, it could be 50,000 tonnes dumped right by a waterway. It’s a loophole that needs tidying up,” he said.

Deputy Mayor Bill Cashmore said it was a problem shared by other rural areas.

“These issues are very real and prevalent, too. There are illegal activities going on and some are very undesirable,” he said. “These quasi-rural fills need more compliance.”

Committee chair Chris Darby said even if a plan change couldn’t be actioned until next year, staff investigations would continue and they could also look at controls on truck movements on public roads.

“Following their initial investigation, they’re uncovering issues that may relate to a need to alter the Unitary Plan. There’s a strong indication at the moment that it appears a likely need.”

Cr Darby acknowledged the work and evidence provided by Mr Hojem, Cr Sayers and Rodney Local Board member Louise Johnston.