Illegal work threatens six hillside properties
Illegal earthworks have led to an ‘‘imminent risk’’ to six homes and properties on Napier Hill.
Stuart and Elizabeth McMillan have been given until February 2 to carry out remedial work on the hill surrounding a commercial property they own on Northe St, at the western foot of Napier Hill.
The Napier City Council was granted an application for the enforcement order late last month after experts became concerned about the imminent threat posed by the removal of hundreds of cubic metres of earth.
The work has occurred on a steep hillside surrounding several industrial buildings.
The council was first alerted to the work by local residents in August last year.
Staff visited the site to find major earthworks had been undertaken. Vegetation had been removed and deep cuts had been made into the limestone hillside.
Experts estimated that hundreds of cubic metres of earth had been removed, creating a risk that a large area of earth could slip in a heavy rain.
The McMillans were issued an abatement notice, requiring them to immediately cease all work and to engage a geotechnical engineer to assess the site.
A few weeks later a geotech consultancy informed the council it had been instructed by the McMillans.
But no reports from the consultancy were received by the council until November 12 – three days after Napier recorded a onein-250-year rainfall event that led to a number of landslips on the property.
The reports didn’t address the council’s concerns so in December it engaged a specialist geotech consultant to assess the site.
He found the illegal work had increased instability at the site and at neighbouring properties on top of the hill, and there was an ‘‘imminent risk posed to the property and the environment, particularly in the event of heavy rain’’.
The illegal work had exacerbated the landslides caused by the heavy rain and unless stability issues were addressed the risk would persist, the expert said.
The six affected properties are on Delhi Rd, Havelock Rd and Simla Tce.
In late December the council applied to the Environment Court for an interim enforcement order that would require the McMillans to employ an expert and to carry out remedial work by February 2.
The order was granted, with Judge Melinda Dickey accepting that the work was needed to mitigate the ‘‘immediate and ongoing threat’’ created by the unauthorised earthworks.
One affected resident, John Faulkner, was alerted to McMillan operating a digger below his section by another neighbour.
‘‘I raced home and asked him what the hell he was doing. I couldn’t believe what he was doing and told him to stop right away,’’ Faulkner said.
‘‘Later on when my shed slipped down the hill, he told me he expected me to clean it up. I couldn’t believe that either.’’
It was Faulkner and his neighbour who alerted the council to McMillan’s actions on August 27.
Another of the affected residents, who did not wish to be identified, said they were ‘‘horrified by the extent of undermining of our property’’ and said it was ‘‘imperative that integrity of the hillside is restored to what it was’’.
McMillan referred questions to his lawyer, Matthew Lawson.
Lawson said the interim enforcement order had been granted with McMillan’s consent and a geotechnical engineer had been consulted and the work required by the council would be carried out.
The council would not comment.