RM220070 240 Kapiti Rd
Paul grout made this Official Information request to Kapiti Coast District Council
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From: Paul grout
Dear Kapiti Coast District Council,
In relation to the removal of the wetland pond central to the site,
Please supply all communication from Apirl 14th 2022 that took place when KCDC was notified that the pond was been removed by Contractors, (Bryce O'Sullivan Contracting Ltd),
What investigation was made by KCDC?
Was a Site visit made?
What did Bryce O'Sullivan undertake ?
What was the Cubic meterage of fill trucked in over the 3 days of operation,?
Was a study of the water body taken?
This wetland / pond has been present for the 20 years clearly visible on Google Earth images dating back to 1985 , which classifies it as Historical Wetland .
Yours faithfully,
Paul grout
From: Mailbox - Information Request
Kapiti Coast District Council
Good afternoon Paul,
Thank you for your request on 13 December 2022. Your request will be managed under the Local Government Official Information and Meetings Act 1987 (LGOIMA) (the Act).
We will do our best to get a response to you by 2 February 2023, this being the statutory 20 working days after your request was received. Please note that the statutory period of 20 working days provided by the Act covers the period of Christmas/New Year. This means that your request is being processed in accordance with Section 2, Interpretation - (1)(c) of the Act, that is “working day” means any day of the week other than weekends and a day in the period commencing with 20 December 2022 and ending with 10 January 2023 (inclusive).
Please note, the response date of 2 February 2023 also takes in to consideration the Wellington Anniversary public holiday on Monday 23 January which is not considered to be a working day.
Your request is being handled by our Regulatory team. Please note, the reference for your request is OIR 2223-433.
If any additional factors come to light which are relevant to your request, please do not hesitate to contact us so that these can be taken into account.
Kind regards,
Zoe Robertson
Group Administration Officer
Te Âpiha Whakahaere Rôpû
Kâpiti Coast District Council
Tel 04 650 9616
www.kapiticoast.govt.nz
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From: Paul grout
Dear Mailbox - Information Request,
Please inform as to what took place, on this official site and not directly to my email address,
A letter to the ombudsman has been submitted,
Yours sincerely,
Paul grout
From: Mailbox - Information Request
Kapiti Coast District Council
Good afternoon Paul,
Thank you for your email attached.
I’m not sure what you are asking us for. Do you mean (“please inform as to
what took place”) you haven’t received the response we sent you on 24
January 2023 (also attached again for your reference) or are you asking
for an update on the progress at 240 Kapiti Road?
If you could please clarify what information you are requesting so that
staff can proceed with a response.
Regards
Diane Nattrass
Advisor Official Information
Te Kaitohutohu Pârongo Ôkawa
Tel 04 296 4699
[1][IMG]
[2]www.kapiticoast.govt.nz
[3][IMG]
The material in this email is confidential to the individual or entity
named above, and may be protected by legal privilege. If you are not the
intended recipient please do not copy, use or disclose any information
included in this communication without Kâpiti Coast District Council’s
prior permission.
References
Visible links
1. https://www.kapiticoast.govt.nz/our-dist...
2. http://www.kapiticoast.govt.nz/
3. https://www.facebook.com/kapiticoastdist...
From: Paul grout
Dear Mailbox - Information Request,
The illegal removal off wetland was reported to Sarah Banks 14 April 2022 at 3.51 PM,
In your replied statement below , IT STATES " Staff checked the subject site in response to a query from a member of the public in August
2022."
Why did it take 4 months for KCDC to investigate the site?
Due to KCDCs poor response to investigate ( 4 months) all evidence proving the non consented, illegal removal of the wetland, had regrown in weeds,
I have many witnesses proving this illegal removal took place .
IS KCDC engaging with the contractor , to recover information of the works that took place?
Pumping wetland dry, digging out wetland area, refill of area with 2 trucks supplying fill over a number of day , where did the supplied fill come from , what was the cubic meterage of supplied fill ,
This investigation will further prove what took place ,
I have informed the Ombudsman and have a case number for this event ,
OIR: 2223/433
24 January 2023
Paul Grout
14 Regent Drive
Paraparaumu 5032
Email: [email address]
Dear Paul,
Request for Information under the Local Government and Official Information and
Meetings Act 1987 (the Act) (the LGOIMA)
Thank you for your email of the 13th of December 2022 re a property situated at 240 Kapiti
Road, Paraparaumu:
In relation to the removal of the wetland pond central to the site, please supply all
communication from April 14th, 2022, that took place when KCDC was notified that the
pond was been removed by Contractors, (Bryce O'Sullivan Contracting Ltd).
1. What investigation was made by KCDC?
Staff checked the subject site in response to a query from a member of the public in August
2022.
2. Was a Site visit made?
The member of the public who raised the query nominated that works had occurred in March
2022, and had been conducted by Bryce O’Sullivan Limited.
3. What did Bryce O'Sullivan undertake?
And
4. What was the cubic meterage of fill trucked in over the 3 days of operation?
No land filling activity was observed by staff at the site, following the query raised. As no works
were identified nor proven, there is no measure available.
5. Was a study of the water body taken?
No study of local pooling of water following a rainstorm was warranted.
Yours sincerely,
Paul grout
From: Mailbox - Information Request
Kapiti Coast District Council
Good afternoon Paul,
Thank you for your clarification email. Now that I have those details from you I will inform staff via our Official Information Request process.
Your request will be managed under the Local Government Official Information and Meetings Act 1987 (LGOIMA) (the Act). We will do our best to get a response to you by 24 March 2023, this being the statutory 20 working days after your request was received.
Your request is being handled by our Regulatory Services team. The reference for your new request is OIR 2223-476.
If any additional factors come to light which are relevant to your request, please do not hesitate to contact us so that these can be considered.
Regards
Diane Nattrass
Advisor Official Information
Te Kaitohutohu Pārongo Ōkawa
Kāpiti Coast District Council
Tel 04 296 4699
www.kapiticoast.govt.nz
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From: Paul grout
Dear Mailbox - Information Request,
While perusing the new resource consent applications for 240 Kapiti Road I noticed with interest a photograph captioned: "Photo 2: Pond towards centre of site (to be filled in)." This photograph appears in both applications - at clause 3.1. (Visual Observations) of Appendix C (Geotechnical Report) of resource consent application RM230006 on page 46, and resource consent application RM230008 on page 79.
Is this not the pond that Sarah Banks, Senior Resource Consents Planner, KCDC and Emma McLean, Senior Planner, Cuttriss Consultants Ltd denied any knowledge of before the commissioner's resource consent hearing for the RM220070 application - when we, The Horse Paddock Action Group were trying to establish why a continuously existing pond/wetland had been filled in without resource consent?
that the unconsented infilling of a wetland area brings into question the integrity of the S42A report submitted to the Resource Consent Hearing, prepared by Sarah Banks and reviewed by Eloise Carstens, Team Leader Resource Consents. We believe that it also brings into question the validity of expert reports presented by Cuttriss, the mana whenua assessment of the proposal and ENGEO regarding groundwater management and Te Mana O Te Wai issues associated with any proposed development." This matter was never addressed by KCDC.
As these new resource consent applications are still 'non-complying' and possibly 'out-of-zone', I request the council reject them forthwith, and then turn their attention to overturning the consent given to the original application, RM220070. At the moment we don't know what truths and what falsehoods have been presented by KCDC or Cuttriss to the resource consent hearing - it is not good enough to assume that the hearing commissioner had all the facts before him when making his decision??
The council and neighbourhood can then look at a new application, should the applicant still wish to pursue one, on a 'level playing field' without favour, affection, malice or ill-will from any of the interested parties.
Yours sincerely,
Paul grout
From: Mailbox - Information Request
Kapiti Coast District Council
Good afternoon Paul,
Thank you for your email on 6 March 2023. Your request will be managed
under the Local Government Official Information and Meetings Act 1987
(LGOIMA) (the Act). We will do our best to get a response to you by 3
April 2023, this being the statutory 20 working days after your request
was received.
Your request is being handled by our Regulatory Services team. The
reference for your request is OIR 2223-482.
If any additional factors come to light which are relevant to your
request, please do not hesitate to contact us so that these can be
considered.
Kind regards
Diane Nattrass
Advisor Official Information
Te Kaitohutohu Pârongo Ôkawa
Tel 04 296 4699
[1][IMG]
[2]www.kapiticoast.govt.nz
[3][IMG]
The material in this email is confidential to the individual or entity
named above, and may be protected by legal privilege. If you are not the
intended recipient please do not copy, use or disclose any information
included in this communication without Kâpiti Coast District Council’s
prior permission.
References
Visible links
1. https://www.kapiticoast.govt.nz/our-dist...
2. http://www.kapiticoast.govt.nz/
3. https://www.facebook.com/kapiticoastdist...
From: Mailbox - Information Request
Kapiti Coast District Council
Good afternoon Paul,
Please find attached our response to your request of 6 March 2023.
Regards
Diane Nattrass
Advisor Official Information
Te Kaitohutohu Pârongo Ôkawa
Tel 04 296 4699
[1][IMG]
[2]www.kapiticoast.govt.nz
[3][IMG]
The material in this email is confidential to the individual or entity
named above, and may be protected by legal privilege. If you are not the
intended recipient please do not copy, use or disclose any information
included in this communication without Kâpiti Coast District Council’s
prior permission.
References
Visible links
1. https://www.kapiticoast.govt.nz/our-dist...
2. http://www.kapiticoast.govt.nz/
3. https://www.facebook.com/kapiticoastdist...
From: Diane Nattrass
Kapiti Coast District Council
Good afternoon Paul,
Please find attached our response to your request of 24 February 2023.
I'm using Adobe Acrobat.
You can view and comment on "2223-476 signed response for Paul Grout.pdf"
at:
[1]https://acrobat.adobe.com/link/review?ur...
You can view "2223-476 Attachment for Paul Grout - Email response re 240
Kapiti Earthworks - Redacted.pdf" at:
[2]https://acrobat.adobe.com/link/track?uri...
Regards
Diane Nattrass
Advisor Official Information
Te Kaitohutohu Pârongo Ôkawa
Tel 04 296 4699
[3][IMG]
[4]www.kapiticoast.govt.nz
[5][IMG]
The material in this email is confidential to the individual or entity
named above, and may be protected by legal privilege. If you are not the
intended recipient please do not copy, use or disclose any information
included in this communication without Kâpiti Coast District Council’s
prior permission.
References
Visible links
1. https://acrobat.adobe.com/link/review?ur...
2. https://acrobat.adobe.com/link/track?uri...
3. https://www.kapiticoast.govt.nz/our-dist...
4. http://www.kapiticoast.govt.nz/
5. https://www.facebook.com/kapiticoastdist...
From: Paul grout
Dear Diane Nattrass,
ATT James Jefferson
The removal of the pond was reported to Sarah Banks on 14 April 2022 at 3.51 pm.
Quote
"Is the council aware that ground work of the natural ponded area has dug and back filled , I feel they are attempting to hide this"
Sarah Banks Reply
Quote
Hi Paul,
Thanks for your enquiry, please find below a link to the application which is around 500 pages.
https://files.kcdc.govt.nz/message/q6xmT...
Once you have had a read, If you have any questions please don’t hesitate to get in touch.
As discussed we will contact you when it is the time to make a submission. At this stage we have requested further information and the application is on hold.
"Under RM220070
Section NH-FLOOD-R4
" In ponding areas (excluding residual ponding areas) and shallow surface flow areas, earthworks:"
a. shall not involve the disturbance of more than 20m3 (volume) of land in any 10 year period; and
b. shall not alter the original ground level by more than 1.o metre, measured vertically.
Does Not Comply
It is Proposed to undertake 23,940m3, however will not all be undertaken with a ponding area."
"Section SUB-DW-R5
Hydraulic neutrality
2. Existing waterways and stormwater detention areas must be retained, and be enhanced with plantings to create attractive feature."
The removed ponded evidence can be viewed RM23006 page 46 and RM230008 page 79.
Clearly this is not a residual ponding area supporting aquatic flora and wildlife.
Denial by KCDC of its existence can now be investigated with great detail, what took place?
Why did it take 4 month for KCDC site investigation in which time regrowth of weeds covered the area?
Historical Google Earth images are also evidence?
RM230006 and RM230008 photographic evidence?
Engage investigation with Bryce O'Sullivan Contracting Ltd, with Works undertaken, pumped dry, sub-base removed, 2 diggers, and 2 trucks supplying back fill from off site for 2-3 Days ?
RM220070 has been breached with the illegal removal of this historical wetland, and brushed aside by the Hearings Commissioner and KCDC with all evidence tabled at the Hearing !
For Your Information
The Ombudsman case number is
Kapiti Coast District Council on 21 February 2023. Your case reference number is 602415.
Yours sincerely,
Paul Grout
From: Mailbox - Information Request
Kapiti Coast District Council
Good afternoon Paul,
Thank you for your email below on 20 March. Could you please clarify, do you have some new questions for Council, or is this just an fyi for Council staff as you have raised a complaint with the Ombudsman under ref: 602415?
If you do have new questions for Council, could I ask that you list those in a reply email to me at the address shown.
Thanks
Kind regards
Diane Nattrass
Advisor Official Information
Te Kaitohutohu Pārongo Ōkawa
Kāpiti Coast District Council
Tel 04 296 4699
www.kapiticoast.govt.nz
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