Tribunal upholds bid to stop dumping

Press, 15 December 1983, Page 5

Tribunal upholds bid to stop dumping

The Planning Tribunal has upheld an application by the Paparua County Council to stop the dumping of rubbish at an eight-year-old privately-owned tip in McTeigues Road. The dump is owned by Mr K. J. F. McGrath. In its decision, which was based on a change of zoning, the tribunal said there was no evidence that the dumping of undifferentiated rubbish on the land would make it suitable for development under the terms of permitted use. Mr J. R. Milligan appeared for Paparua County Council, and Mr D. J. Hicks for Mr McGrath.

The tribunal said that the dumping of rubbish at a shingle pit in McTeigues Road had started in 1975. Dumping of “undifferentiated rubbish” by commercial and industrial companies, and members of the public, had continued to the present “on a substantial scale.” When the tip was opened, the land had been zoned “rural,” said the Tribunal. From August 31, 1978, the dump had been included in the county’s “rural general zone,” predominant uses of which were listed as extensive and intensive farming, and factory farming.

“Depositing rubbish is not listed as a predominant or conditional use in the zone,” said the tribunal. A registered agricultural consultant had told the tribunal that the dumping of general rubbish at the McTeigues Road tip could not produce soil which was suitable for agriculture, although it might be able to be used for factory farming. “We therefore hold that the dumping is in contravention of the district schemes,” said the tribunal, which comprised Judge Sheppard, and Messrs B. L. Byrnes, P. A. Catchpole, and K. A. Earles.