Parties reach agreement over Clevedon Quarry conditions

Parties reach agreement over Clevedon Quarry conditions
The Clevedon Protection Society and other parties have reached an agreement with Fulton Hogan about how the Clevedon Quarry will operate under its new resource consent.
At a mediation conference held by the Environment Court, Fulton Hogan and Clevedon Protection Society (CPS) were able to reach a mutually acceptable agreement about conditions relating to the quarry’s future operations.  The agreement means parties were able to avoid the expense of a full Environment Court hearing.

A spokesperson for CPS says the society is satisfied that it achieved the best outcome for the Clevedon community given the permissive nature of the quarry provisions within the Auckland Unitary Plan. 

“We faced an uncertain outcome if the matter was taken further to a full Environment Court hearing, although we were prepared to take that risk if an agreement could not be reached. Given the early gains made in the first two days of mediation, we sought expert legal advise and ultimately determined that reaching a mediated agreement was in the best long term interests of the Clevedon community. CPS is pleased that it appealed the commissioners’ decision as we have achieved a significant package of improvements to the conditions of consent, along with a significant reduction in operating hours and truck numbers, which was a fundamental outcome we were seeking”.

The mediation agreement was lodged with the Environment Court last week, and is expected to be sealed by a judge in the next two weeks.

A summary of the key gains made by the Clevedon Protection Society on behalf of the Clevedon community, in addition to the commissioners’ decision includes:

  1. Express provision for CPS membership on the community liaison group along with the Clevedon Community and Business Association, Franklin Local Board, Auckland Council and Fulton Hogan.
  2. Fulton Hogan to fund an independent consultant (to be agreed by CLG, Auckland Council and FH) providing compliance report to the community liaison group and council on a quarterly basis.
  3. No quarry truck movements on Saturday afternoon permanently (rather than the limited 5 year period offered at the council hearing).
  4. No quarry truck movements on Friday nights.
  5. No quarry truck movements after 6pm each night, except for a maximum of 60 nights per year on Monday to Thursday nights only. These are to be notified in advance to the community liaison group and community. Where 3 or more consecutive evening are to be utilised then Fulton Hogan will use best endeavours to provide at least 7 days’ notice.
  6. No quarry trucks entering Tourist or McNicol road prior to 6.30 am (Monday to Saturday)
  7. No loadout of trucks from the quarry prior to 7am (Monday to Saturday)
  8. Maximum average of 900 quarry truck movements per day (calculated as a rolling average across a calendar year), reduced from 1300 per day
  9. Improvements to land use consent conditions controlling quarry truck movements, including:
    1. Amendments to make conditions enforceable in respect of trucks not operated by Fulton Hogan;
    2. Covering (or where covers are not available dampening) of all loads;
    3. Securing of all loads;
    4. Details of speed camera locations to enforce the voluntary 50km/hr restrictions on quarry trucks on Tourist and McNicol Roads;
    5. Requirement for all quarry truck drivers to sign a copy of the cartage contractors' safety rules and undertake to comply with them;
    6. Sanctions regime for non-compliance (for drivers)
  10. Measures to secure in perpetuity safe sight lines on Monument Road.
  11. Visual mitigation for quarry including screening by retention of pine trees and hydroseeding of overburden that will be left unworked for more than two years.
  12. The community liaison group being advised of any future consent variation applications by Fulton Hogan.
  13. Improvements to regional consent conditions, including:
    1. Taking into account contributions for the Wairoa dam when determining base flows for augmentation purposes; and
    2. Improved setback distances for mineral extraction activities from the North Stream.
  14. Potential of annual review of conditions at council’s initiation.

Fulton Hogan has recently purchased Stevenson Group’s concrete and quarrying business.  The purchase will provide Fulton Hogan with an additional quarry resource to help fulful the region’s aggregate demands.

Fulton Hogan and Auckland Transport are still discussing the upgrade and ongoing maintenance of local roads required as part of the resource consent conditions. The appeal on these matters remains unresolved, and the parties will continue to work together towards achieving a satisfactory outcome.

Posted: Mon 18 Jun 2018