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Decision report- Carey's Gully Sludge Dewatering Facility - Greater ...

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sewage treatment in Wellington and so it is questionable that sludge disposal<br />

would have been contemplated as being included in the term ‘refuse disposal’.<br />

Given the above uncertainties, the applicant has chosen to apply for land use<br />

consent for the proposed sludge disposal at the Southern Landfill.<br />

5.3.1 Operative District Plan<br />

As described above the designation does not cover the proposed activity and<br />

land use consent is therefore sought. The proposed activity requires resource<br />

consent as a discretionary activity (Unrestricted) under Rule 17.3.2 in respect<br />

to the following:<br />

Non-recreational Activity<br />

17. Non-recreational activities, such as the use of an allotment for sludge<br />

disposal, are not specifically provided for by the District Plan. As such the<br />

activity must be assessed as a Discretionary Activity (Unrestricted) under Rule<br />

17.3.2.<br />

5.3.2 Plan Changes<br />

Plan Change 69 Contaminated Sites<br />

As the site is identified as being a Contaminated Site under GW’s ‘Selected<br />

Land Use Register’ (SLUR), the proposal must be assessed against Rule<br />

32.2.1.<br />

6. Statutory framework<br />

6.1 The Resource Management Act 1991<br />

In giving consideration to the proposal, the hearing panel particularly referred<br />

to Section 104 (1) of the Act which states:<br />

When considering an application for resource consent and any submissions<br />

received, the consent authority must, subject to Part 2, have regard to –<br />

(a) any actual and potential effects on the environment of allowing the<br />

activity; and<br />

(b) any relevant provisions of –<br />

i. a national policy statement,<br />

ii. a New Zealand coastal policy statement,<br />

iii. a regional policy statement or proposed regional policy<br />

statement; and<br />

iv. a plan or proposed plan; and<br />

PAGE 7 OF 57

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