Find out about the consents for 30 Benmore Crescent.
The site at 30 Benmore Crescent, Manor Park has historically remained an undeveloped area comprising abandoned buildings, large grassed areas, and limited recreation amenities such as walking and cycling tracks. It was also previously utilised as a site for agricultural production, and the site of housing for railway workers during the construction of the Wairarapa Rail Line. Per the Operative District plan, this site is zoned 'General Rural'.
Hutt City Council (HCC) has received four resource consent applications relating to the development of the site at 30 Benmore Crescent, Manor Park (henceforth referred to as 'the site').
Resource Consent Compliance
A record of resource consent monitoring and enforcement for this site, including links to the relevant reports, can be found here.
The weekly vibration monitoring reports are available here.
You can contact HCC’s resource consent compliance team via enforcement@huttcity.govt.nz. The consent holder (Rosco Ice Cream Limited) can also be contacted directly via Richard Burrell at richard@building-solutions.co.nz or 029 244 1913.
This consent relates to a subdivision consent for a 125-year lease over a 7.4541ha area at 30 Benmore Crescent, as seen in the figure below.
Council commenced processing of this consent on the 22nd of April 2025, and no decision has been made regarding notification or approval. A request for further information (also known as a s92(1) request) was made on the 16th of June 2025. The request for further information related to updated assessment against the NES-Contaminated Soil, site management plans, compliance with relevant rules, conditions and clarification around information provided within the AEE.
As of March 2026, the application was withdrawn by the applicant's request and consent for this activity is no longer being sought.
The application documents can be found here:
This consent relates to a land use consent for bulk earthworks and construction of a site office premises.
This consent was received by Council on the 1st of August 2022 and was subsequently granted on the 21st of December 2022.
The resource consent decision and approved plans can be found here:
Need for resource consent
Rules under the Operative District Plan which triggered the need for consent included:
- Rule 14H 2.1.(a) – the construction of a site office building which was located within 20m of the Wellington Fault Special Study Area; and
- Rule 14I 2.2(a) – earthworks which exceeds permitted activity allowances for volume and depth.
Additionally, consent was also sought under the same application per the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) Regulations 2011 as below –
- Regulation 10 – soil disturbance which cannot comply with Regulations 8 or 9, which satisfies conditions 10(2)(a) – (d)
The proposal was assessed as being a restricted discretionary activity under Rules 14H 2.1(a) and 14I 2.2(a) of the District Plan, and Regulation 10 of the NESCS.
As a restricted discretionary activity, this meant that Council could only assess, request information, and impose conditions relating to those matters to which discretion was restricted. These were:
- Safe separation distance of buildings from the Wellington Fault
- Earthworks effects, relating to amenity values, existing natural features and topography, historical or cultural significance, and natural hazards
- Regarding NESCS consent –
- The adequacy of the Detailed Site Investigation
- The suitability of the piece of land for the proposed activity, given the amount and kind of soil contamination
- The approach to the remediation or ongoing management of the piece of land
- The adequacy of the site management plan or the site validation report or both
- The transport, disposal, and tracking of soil and other materials taken away in the course of the activity
- The requirement for and conditions of a financial bond
- The timing and nature of the review of the conditions in the resource consent.
- The consent duration
Assessment Process
In addition to core information requirements for resource consents as required under Schedule 4 of the Resource Management Act (RMA), the application submitted supporting technical assessments in relation to –
- Archaeological effects
- Soil contamination and management
- Erosion and sediment control
- Natural hazards – flooding
- Natural hazards – geotechnical
- Ecological effects
These were assessed by the HCC processing planner, with support from in-house subject matter experts. A site visit was undertaken, and further information was requested from the applicant to ensure HCC had all information needed to assess effects from the proposal within the scope of the assessment matters listed above.
HCC consequently determined that, when considering all mitigation measures proffered by the applicant, effects from the proposal were less than minor on the environment and on all persons eligible for consideration under s95E. This meant the consent was processed on a non-notified basis.
Effects were overall deemed acceptable under s104 of the RMA and consent was approved subject to resource consent conditions. A full list of these conditions can be found in Section 7 of the resource consent decision linked above.
Exclusions
The proposal successfully demonstrated compliance with HCC’s rules relating to –
- Construction and demolition noise
- Construction and demolition vibration
- Traffic and vehicle movements
- Vegetation clearance
Consequently, these activities did not require resource consent and are to be undertaken in accordance with District Plan rules. It is noted that the Operative District Plan anticipates and provides for some additional noise emissions throughout construction and demolition activities, in accordance with NZS 6803P "Measurement and Assessment of Noise from Construction, Maintenance and Demolition Work", however this generally limits working hours to between 7.30am – 5pm Monday – Saturday with the exception of site preparation works which may commence from 6.30am.
FAQ
- I think I am affected by the development – why wasn’t I formally notified of this consent? A notification assessment is a legal decision undertaken in accordance with the requirements of the RMA. When assessing whether any person will be affected by a proposal, Council must take into consideration factors such as separation distances, expected amenity outcomes based on surrounding activities and zoning, mitigation put forward by the applicant, and duration of an effect. For this consent, the processing planner determined that no persons would be affected by the proposal to a degree that met the test for formal notification.
- Will the earthworks impact flooding to my property or surrounding areas? The development has been designed to contain all flood and stormwater effects internal to the site. A flood assessment report prepared by River Edge Consulting Limited demonstrated that the proposal will not result in flooding which will affect the wider community.
- I am concerned about asbestos and other contaminants. Prior to lodgement of the consent, a Detailed Site Investigation was conducted and concluded that concentration of asbestos fibres and other contaminants were all below human health thresholds. Several controls have been put in place for the removal of contaminated soils and remediation of the site in accordance with WorkSafe and BRANZ guidelines.
- I am concerned that the development is in breach of the District Plan or the consent conditions. Regular site inspections and monitoring events will be taken to ensure compliance with resource consent conditions and the District Plan. If you suspect there is activity occurring which does not comply with the District Plan or the conditions of this consent RM220258 please contact enforcement@huttcity.govt.nz.
- Who can I contact about this consent? For general enquiries, you can contact HCC’s resource consents team via resource.consents@huttcity.govt.nz or 0800 488 824. The consent holder (Rosco Ice Cream Limited) can also be contacted directly via Richard Burrell at richard@building-solutions.co.nz or 029 244 1913.
This consent relates to a land use consent for bulk earthworks for the construction of roading and civil infrastructure.
This consent was received by Council on the 10th of February 2023 and was subsequently granted on the 27th of January 2025.
The resource consent decision and approved plans can be found here:
Processing Information
The initial resource consent application and plans submitted for assessment can be found here: Application and Plans |
The s.92(1) request for further information and the s.92(2) request for technical review can be found here: s.92(1) & s.92(2) request |
On the 11th of August 2023, Hutt City Council received the following information from the applicant:
Council had commissioned a peer review of the supplied traffic report. The applicant also requested the application be placed on hold for consultation with both Waka Kotahi and Kiwirail. |
| On the 16th of October 2024, Hutt City Council received an amended application with an updated Assessment of Environmental Effects and updated plans, which can be found here: Amended Application and Plans |
On the 31st of October 2024, the New Zealand Transport Agency issued written approval for the proposal. We received this written approval letter on the 1st of November, 2024. You can view the document here: NZTA Written Approval |
| On the 20th of November 2024, Kiwirail issued written approval for the proposal. You can view the document here: Kiwirail Written Approval |
| On the 27th of January 2025, Hutt City Council granted approval for the consent. You can view the document here: RM230018 Decision Report |
Need for resource consent
Rules under the Operative District Plan which triggered the need for consent included:
- Rule 14I 2.2(a) – earthworks which exceeds permitted activity allowances for volume and depth.
- Rule 13.3.1.38 – The construction, alteration or diversions of roads, excluding any such construction works which is part of a subdivision.
Additionally, consent is also sought under the same application per the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) Regulations 2011 as below –
- Regulation 9 – a change in use of a potentially contaminated site, which cannot meet Regulation 8 but satisfies the condition for a controlled activity under Regulation 9(3).
Consent has hence been sought as a restricted discretionary activity under Rule 14I 2.2(a) of the District Plan, a discretionary activity under Rule 13.3.1.38 of the District Plan and as a controlled activity under Regulation 9 of the NESCS.
Assessment Process
- Processing of this consent is currently paused pending further information and for consultation with KiwiRail and Waka Kotahi as the relevant authorities for works within their designation areas.
- Additional information has also been sought from the applicant to ensure HCC has sufficient information to correctly identify all non-compliances with the District Plan, and to assess effects of these on people and the environment.
- Council’s development engineers will also be assessing the proposed infrastructure servicing arrangement and capacity, in conjunction with Wellington Water Limited.
- Once all information is supplied HCC will follow the established legal process to determine whether the consent will be notified under s95 of the RMA, and whether it will be approved in accordance with s104 of the RMA.
Who can I contact about this consent?
- For general enquiries, you can contact HCC’s resource consents team via resource.consents@huttcity.govt.nz or 0800 488 824.
- The consent applicant (Rosco Ice Cream Limited) can also be contacted directly via Richard Burrell at richard@building-solutions.co.nz or 029 244 1913.
This relates to a land use consent for the construction of a resource recovery park. The resource recovery park will include the following activities on site:
- Second-hand good store
- Repair Café
- Material Recovery Facility
- Transfer Station
On the 23rd of October 2025, Hutt City Council issued the following notification decision report for the consent:
On the 14th of January 2026 Council publicly notified the application, with submissions open to any persons. The deadline for submissions closed at 5pm on 11th of March 2026. More information can be found here.
On the 11 February 2026, Waste Management New Zealand formally requested that the submission time be extended an additional 20 working days. Council has agreed to this request, taking into account the relevant matters under Section 37A(1) of the RMA 1991.
On the 18th of March 2026, Waste Management New Zealand formally requested direct referral to the Environment Court under Section 87D of the RMA 1991:
On the 9th of April 2026, this direct referral request was granted by Council under Section 87E of the RMA 1991:
Greater Wellington Regional Council
Resource consent WGN230031 has been granted from Greater Wellington Regional Council (GWRC) for the proposed development. No other consents have been lodged with GWRC relating to this site. As a regional consenting authority, GWRC is responsible for assessing environmental effects relating, but not limited, to:
- Bulk earthworks (greater than 0.3 hectares in area)
- Vegetation clearance on erosion-prone land
- Discharges to land, air and water
- Water takes
HCC is liaising with GWRC to ensure that a complimentary approach to assessing and managing the development is taken where there is a cross-over in jurisdictional responsibility (for example, earthworks and odour effects). GWRC’s earthworks assessment focusses on effects relating to soil conservation, sedimentation of waterways, and ecological habitats, whereas HCC’s earthworks assessment relates more to amenity, cultural, historical, and natural hazard effects.
If the earthworks are not managed appropriately then sediment may enter the neighbouring stream and cause adverse environmental affects and damaging the health of the flora and fauna in the waterway.
For enquiries relating to consents being processed by GWRC for the development of the site, please contact info@gw.govt.nz or call 0800 496 734.