Ian Greason

The applicant sought leave to appeal the Director's decision to issue an Environmental Compliance Approval for a hot mix asphalt plant and aggregate depot.

The applicant raised concerns regarding noise, air emissions, and the facility's location, but failed to provide expert evidence to contradict the Ministry's engineers.

The Tribunal found the applicant had standing but dismissed the application for leave to appeal, concluding the applicant did not meet the two-part test under section 41 of the Environmental Bill of Rights.

The appellant, operator of a concrete batching facility, appealed the terms and conditions of an Amended Environmental Compliance Approval (ECA) issued by the Director.

The amendments changed the calculation of truck arrival limits from 'per hour' to 'per 60 minute period', clarified that 'deliveries' included all truck arrivals and departures, and added a requirement to record the arrival and departure times of all trucks.

The appellant argued these changes were novel, impractical, and not supported by noise guidelines.

The Tribunal found that the amendments were appropriate to prevent the clustering of truck arrivals, mitigate noise impacts on neighbouring residents, and ensure compliance with the Environmental Protection Act.

The Tribunal confirmed the Director's amendments and dismissed the appeal.