of the Resource Management Act 1991 ('the Act')

Transcription

1 BEFORE THE CHRISTCHURCH CITY COUNCIL IN THE MATTER AND IN THE MATTER of the Resource Management Act 1991 ('the Act') of a private plan change request by Highfield Park Limited to rezone approximately 260 ha of land adjoining Redwood from Rural 3 (Styx-Marshland) to Living G (Highfield) BETWEEN HIGHFIELD PARK LIMITED Requestor A N D CHRISTCHURCH CITY COUNCIL Local Authority EVIDENCE OF DR DAVID CHARLES BULL ON BEHALF OF HIGHFIELD PARK LIMITED

2 INTRODUCTION 1 My full name is David Charles Bull. I am employed by Golder Associates (NZ) Limited (Golder) as a Senior Environmental Consultant. I hold the degrees of Bachelor of Science with First Class Honours in Chemistry, postgraduate Diploma in Science (Environmental Science) and Doctor of Philosophy in Environmental Science, from the University of Canterbury. I have been awarded the designations of Chartered Chemist and Chartered Scientist from the Royal Society of Chemistry and the Science Council in the United Kingdom. 2 I have 16 years professional experience, eight of which have been in the field of contaminated land investigation, assessment and management, in both New Zealand and the United Kingdom. 3 I have undertaken assessments and provided technical advice in relation to contaminated sites throughout New Zealand. These have included the Moanataiari subdivision in Thames, Waikato; Caltex, Mobil, and Shell oil terminals in Gisborne and Wellington; the Johnsonville Mall and Pak N Save Miramar developments in Wellington; and the Kakapo Road DDT disposal site in Te Anau, Southland. I was seconded to the office of the Parliamentary Commissioner for the Environment to assist with her investigation into the remediation of the former Fruitgrowers Chemical Company site at Mapua, Nelson. In the United Kingdom I worked on the redevelopment of the former RAF Burtonwood, Warrington, and on a portfolio of desk studies for sites owned by the United Kingdom Environment Agency, among other projects. 4 I assisted the Wellington City Council in developing their Wellington City District Plan Change 69 Contaminated Land. I have also assisted Wellington City Council in reviewing a number of consent applications to redevelop land with commercial or residential properties, assessing their potential impact on the environment, and deciding whether resource consent should be granted and under what conditions. 5 I have read the Environment Court s Code of Conduct and agree to comply with it. My qualifications as an expert are set out above. I confirm that the issues addressed in this statement of evidence are within my area of expertise. 6 The data, information, facts and assumptions that I have considered in forming my opinions are set out in the part of the evidence in which I express my opinions. 7 I have not omitted to consider material facts known to me that might alter or detract from the opinions I have expressed. DOP V4 Page 2/8

3 SCOPE OF EVIDENCE 8 I have been asked by Highfield Park Ltd to comment on the current state of the Highfield Park site (the site) in regard to its potential to be adversely impacted with contaminants; and whether the site is suitable for the proposed development. 9 In preparing my evidence, I have relied upon Highfield Park Ltd background information provided by Highfield Park Ltd ; a preliminary site investigation report prepared by Davis Ogilvie (Davis Ogilvie 2009, appended); communications by Golder staff with the District and Regional Councils; interviews with longstanding tenants; interpretation of historic aerial photographs; and a site visit in July 2011 by Mr David John Robotham, then a senior environmental consultant with Golder (contained within Golder 2011, appended). 10 In my evidence I address the following issues: Whether it is more likely than not that an activity or industry described in the Hazardous Activities and Industries List (HAIL List) is being or has been undertaken on the site Whether redevelopment or residential use of the site is reasonably likely to harm human health Whether it is feasible to investigate, assess, and if necessary manage or remediate any soil contamination on the site. HISTORICAL AND CURRENT USES OF THE LAND 11 Aerial photographs dated 1940, 1965, 1984 and 2011 (contained in Golder 2011) indicate the site has been divided into a number of sections of approximately 4 ha each since the 1930s, if not earlier. In each photograph the land appears to have been in mixed pastoral, arable and horticultural use. Orchards are visible in the north east of the site in the 1984 photograph, but are not evident elsewhere or in any of the other photographs. 12 Mr Alastair Malcolm, owner of the 12 ha property at 11 Selkirk Place in the north east of the site, advised Mr David Robotham of Golder on 29 July 2011 (Golder 2011) that: He has had orchards on the land since he acquired it in 1964 and 1966, although all but 1 ha of apple trees were removed in During this time he had sprayed these orchards with pesticides and herbicides in common use. DOP V4 Page 3/8

4 The property and surrounding land had previously been dairy farms since Mr. D.A. Hills, in The Styx story: a study of a Christchurch river, chapter 10 (Hills 2003) presents historical evidence about the development of the area between Main North Road, Prestons Road and Hawkins Road (i.e., including that part of the site north of Prestons Road). That account provides a little circumstantial evidence to suggest that some sheep farming may also have occurred in the area: In 1863, land immediately to the north of the site across the Styx River was purchased by Samuel Bealey, then Superintendent of the Province of Canterbury, and his brother John. The Bealeys owned a number of sheep and cattle farms. William Gifkins established a woolscour and fellmongery on the Styx River to the east of the Main North Road in 1882 that is, approximately 1 km to the west of the site. 14 The Cyclopedia of New Zealand: Canterbury Provincial District (1903), states of the Styx District that... a considerable amount of fruit is also grown in the district...towards the sea the soil becomes lighter, and is chiefly used for grazing purposes. Dairy farms are numerous, but there are also some sheep farms. 15 Based on the aerial photographs, anecdotal information, and published accounts given above, I conclude that it is likely that historical uses of the site included sheep farming, and am certain that at least some orcharding took place. 16 As such, it is my opinion that the site is a typical greenfield site. The available information indicates that the location has been in rural agricultural and horticultural use for more than a century. No evidence of identifiable industrial use has been discovered. This does not preclude potentially contaminative rural and agricultural activities, but these typically result in lower levels of contamination than encountered on brownfield sites with industrial histories. 17 Potentially contaminative rural and agricultural activities appearing on the current version (dated October 2011) of the HAIL List maintained by the Ministry for the Environment include: Agrichemical application and bulk storage (activity A1) Fertiliser bulk storage (A6) Livestock dip or spray race operations (A8) Persistent pesticide bulk storage and use (A10) DOP V4 Page 4/8

5 Fuel storage (A17), and Landfill sites (G3). 18 The Ministry for the Environment s Identifying, Investigating and Managing Risks Associated with Former Sheep-dip Sites: A guide for local authorities (MfE 2006) states that In New Zealand, historically most livestock farms had a sheep dip. Sheep dips necessarily used hazardous environmentally persistent chemicals, including compounds of arsenic (1840s-1980) and copper (1950s-present), and including organochlorine pesticides such as DDT and lindane ( ). 19 The sheep-dip guidance (MfE 2006) specifically considers the implications of residential development of sheep-dip sites, and develops generic soil guideline values for relevant contaminants in residential scenarios. 20 Furthermore, formulations containing the same contaminants seen at sheep-dip sites arsenic, copper, DDT and lindane have been used as pesticides in New Zealand orchards over similar periods. Elements of the sheep-dip guidance (MfE 2006) can be applied to this land use too. 21 Additionally, the site visit by Mr David Robotham of Golder in 2011 identified some small discrete areas within the site where HAIL activities including spray mixing and fuel storage have occurred. 22 I am awaiting information from Canterbury Regional Council s Listed Land Use Register, as to whether any other potentially contaminative uses are known to have occurred on any other part of the site. I anticipate that this information will be available for the hearing. 23 In short, it is reasonably likely that potentially contaminative activities have historically been undertaken on some part of the site. These activities have been common on rural blocks of this type throughout New Zealand. There is a good understanding of the nature and potential effects of such activities, and the implications for subsequent residential land use. 24 I understand that there have been no detailed site investigations carried out on the site. A preliminary site investigation of that part of the site north of Prestons Road was carried out by Davis Ogilvie and Partners Ltd in 2009 (annexed). In that investigation, 14 composite soil samples were collected, and analysed by an accredited soil testing laboratory. Concentrations of copper and of DDT and its isomers were occasionally found to be significantly above background levels in these soil samples, indicating that chemical sprays (or other forms of application) had indeed been used on parts of the site. FUTURE RESIDENTIAL USE OF THE LAND DOP V4 Page 5/8

6 25 The proposed plan change will allow land within the site to be subdivided and developed from productive use into residential use. 26 The thrust of my evidence above is that: It is more likely than not that an activity or industry described in the HAIL (related to rural agricultural activities) is being or has been undertaken on some part of the site. There is in my opinion sufficient information on the nature of these likely activities and on the nature of any contamination that may be involved. There is no detailed site investigation that demonstrates that soil contaminant concentrations at the site are at or below background concentration. 27 Consequently, at the time of such subdivision or land use change, the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES) will apply, and will control contaminated land aspects of such development. 28 The NES then provides that such subdivision or land use change is a controlled activity, requiring consent from the territorial authority in this case the Christchurch City Council. Control is reserved over the following matters (NES s9(2)): The adequacy of the detailed site investigation, including site sampling, laboratory analysis, and risk assessment How the activity must be managed, monitored and reported on The transport, disposal, and tracking of soil and other materials taken away in the course of the activity The timing and nature of the review of the conditions in the resource consent, and The duration of the resource consent. 29 That is, potential contaminated land issues relating to the health of future users of the site must be addressed at the time of subdivision or land use change. The NES also covers sampling of soils and soil disturbance, should these activities occur separately from subdivision or land use change. 30 In my view these opportunities for control are both compulsory and comprehensive; therefore, this plan change does not need to include further DOP V4 Page 6/8

7 conditions on contaminated land investigation, assessment or management around the site. 31 I now consider whether contaminated land issues associated with the site, if any, might be so substantial as to preclude redevelopment, and therefore render the proposed plan change inappropriate. 32 Professional experience is that this is highly unlikely to be the case. Residential developments of former pastoral, horticultural and orchard sites are commonplace in New Zealand. Associated contamination issues have proven straightforward to investigate, manage, and if necessary remediate. 33 The sheep-dip guidance (MfE 2006) provides detailed guidance on investigating, managing and remediating contamination of this type. Solutions including physical removal of affected soils, and/or soil treatment to reduce the contamination, and/or imposing physical barriers to isolate contaminated material, are available and are unlikely to be prohibitively expensive. 34 Moreover, I would note, the concentrations of contaminants including arsenic, copper, DDT and dieldrin reported in Davis Ogilvie (2009) are all below the Soil Contaminant Standards for rural residential use incorporated by reference in the NES. This information is preliminary only, but indicates that, at least within that part of the site north of Prestons Road, extensive management or remediation will not be required. CONCLUSIONS 35 Many of New Zealand s urban subdivisions have been built on former pastoral or horticultural land. The risks to residential users from associated soil contamination are well understood and readily addressed. The Ministry for the Environment has provided ample guidance on the priority contaminants, and on means for investigating, assessing, managing and remediating contaminated sites of this type. Some preliminary results suggest that, at least in that part of the site north of Prestons Road, the extent of any such contamination is low. 36 Therefore, in my opinion, contaminated land issues associated with the site are unlikely to pose any significant barrier to redevelopment. 37 In any case the relevant National Environmental Standard already provides for control of any potential human health effects of the development, subdivision or use of contaminated land, by imposing conditions at the time of such subdivision or change of use. DOP V4 Page 7/8

8 REFERENCES Davis Ogilvie Preliminary site investigation report: Mills Road, Marshlands. Report to Mills Road Group. Davis Ogilvie and Partners. Christchurch. Cyclopedia The Cyclopedia of New Zealand [Canterbury Provincial District]. The Cyclopedia Company Limited. Christchurch. Golder Preliminary environmental site assessment: proposed Highfield subdivision development, Christchurch. Report _R001 to Highfield Park Limited. Golder Associates (NZ) Ltd. Christchurch. September Hills DA The Styx: the story of an urban river. Styx History Group. Christchurch. MfE Identifying, investigating and managing risks associated with former sheep-dip sites: a guide for local authorities. Ministry for the Environment. Wellington. November MfE Hazardous activities and industries list. Updated October Ministry for the Environment, Wellington. NES Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations New Zealand Government. Wellington. October Dr D C Bull 9 November 2012 DOP V4 Page 8/8