Consents for factory dairy farm quashed

Land use consents granted for a controversial large-scale factory dairy farming proposal in South Canterbury have been quashed.

The decision is a further blow for the companies proposing to build the scheme, after the Government earlier this year called in effluent discharge consent applications.

The Environmental Defence Society (EDS) launched a legal challenge in the High Court in Timaru challenging the consents granted to Williamson Holdings Ltd, Southdown Holdings Ltd and Five Rivers Ltd by Waitaki District Council.

The consents related to 8555ha of the Mackenzie Basin which involved housing more than 17,000 cows in large sheds around the clock for eight months of the year and 12 hours a day for the rest of the year, EDS said.

EDS chairman Gary Taylor said the original resource consents and certificates of compliance were challenged as EDS believed they were granted without proper authority by Waitaki District Council.

A court memorandum now notes that in the course of proceedings it emerged that the officer concerned from Waitaki District Council lacked delegated authority in respect of all the impugned decisions. 

``As a consequence, all defendants accept that it would be pointless to continue with this litigation,'' it said.

 Among the court orders signed by all parties were declarations recognising that the council's decision not to notify the consent applications was invalid and of no effect, and that the decisions to grant certificates of compliance and resource consents were also invalid.

Taylor was unsure whether the companies would re-apply for the consents but he thought they might not pursue them.

Taylor said the EDS did not believe decisions relating to the Mackenzie Country landscapes should be decided by individual resource consent applications.

``Clearly there has been a failure of public policy at all levels. The Government has failed to provide national guidance; the regional council has failed to identify nationally important landscapes; and the two district councils have failed to develop coherent and effective district plans,'' he said.

 Taylor said a long-term strategic plan involving the community, Environment Canterbury and the Ministry for the Environment should be put together.

``EDS remains willing to work with the authorities to secure an agreed way forward for the Mackenzie Country,'' he said.

 ``However, if decisions impacting on it continue to be made in an ad hoc way, then we will continue to be vigilant.''

The lawyer who represented the three companies behind the proposal, Christian Whata, could not be contacted for comment.

.

- NZPA