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Media Release: Riverlea Environment Society Inc

Thursday 1^st February 2008

 Asphalt plant hits further obstacle

Blacktop Construction�s bid to open an asphalt plant on Riverlea Road has struck a further obstacle. The company was given notice this week from Hamilton City Council that it needs a land use consent to operate at Riverlea.

If the company tries to operate without the consent, it risks enforcement action.

This opens the way for the resource consent hearing for an air discharge permit from Environment Waikato to be deferred until a joint hearing with the Hamilton City Council can be arranged. The hearing is due to commence on 18 February.

A joint hearing would expand the range of issues which submitters could raise in their objections to the plant. Instead of just the matter of discharge to air, evidence could be presented on issues such as traffic and noise depending on the scope of any land use consent that is needed.

�Many submitters are deeply concerned about the high volume of traffic that would undoubtedly increase in Riverlea if the asphalt plant went ahead. This is the type of issue that could be raised at a joint hearing,� says Dr Stephen Hamilton, spokesperson for the Riverlea Environment Society Inc.

Before deciding whether or not to defer the hearing, Environment Waikato is awaiting a response from Blacktop about whether they intend to apply for land use consent.

Barry Barton, Professor of Law at Waikato University, believes that from a legal perspective, Environment Waikato must defer the hearing under Section 91 of the Resource Management Act.

�A court considering the discretion would say that there is only one way that it can be lawfully exercised,� he said. He also believes that it is unwise for Environment Waikato to allow the view of the applicant to influence the decision to defer the hearing.

Professor Barton is a member of the Riverlea Environment Society Inc.

Until now Blacktop has always stated that the asphalt plant would be a permitted activity under the City�s district plan and thus could operate at the  Riverlea Road site �as of right� � provided Environment Waikato grants the necessary air discharge permit.

STOP (but see next page for wording of RMA section 91(1)

For further information contact Stephen Hamilton or Giselle Byrnes, ph 07 856 8355 mobile 027 320 3549

Section 91(1) of the Resource Management Act:

Deferral pending application for additional consents

(1)   A consent authority may determine not to proceed with the notification or hearing of an application for a resource consent if it considers on reasonable grounds that-

(a)    Other resource consents under this Act will also be required in respect of the proposal to which the application relates; and

(b)   It is appropriate, for the purpose of better understanding the nature of the proposal, that applications for any one ore more of those other resource consents be made before proceeding further.