Otago residents say tougher flood hazard rules could make land unsellable

Otago landowners are fighting to stop their properties from being rezoned, saying tougher flood hazard rules could make them uninsurable and unsellable.

They live in the Gordon Road Spillway, to the west of the Silver Stream, which the Dunedin City Council's second generation district plan has deemed a flood hazard zone.

While this would restrict how the land could be used, the Otago Regional Council has appealed for tougher rules that would ban building, development and prevent affected residents from making changes to their properties due to the higher flood risk.

Residents in the Gordon Road Spillway said they felt blindsided after discovering their properties could be rezoned.

In January, the Environment Court asked the Otago Regional and Dunedin City councils to consult affected landowners about the appeal.

About 40 residents, including Margaret Pollitt, were contacted in mid-March.

"You get a letter to tell you that something that impacts your property, your income, your everything, your whole life, and you get one weeks notice of a meeting about a very complex issue and an extra week to put in a submission," Pollitt said.

The city council's flood zoning would make development in the area difficult, but residents said they would have more flexibility than if the appeal was successful.

The regional council's appeal asked for North Taieri - which included Gordon Road Floodway - to be included in Hazard 1A (flood) Overlay Zone that bans residential activities, hospitals, and schools.

It was prompted by the concern that additional development would put more people and property at risk of flooding with it finding much of the floodway would be unsafe for vehicles, children and the elderly while some areas would be unsafe for all people.

Pollitt said she was left in the dark about the appeal despite asking both councils about the flood risk before she bought her home in 2020.

They were in a state of limbo after spending thousands of dollars preparing for renovations and submitting consents, she said.

"We may still have this threat of zoning change hanging over us. We're really not sure, and of course, that impacts what we do, what we invest in the property and any kind of resale."

The floodway is designed to mitigate the flood risk from Silver Stream for nearby Mosgiel, allowing floodwaters to spill across a lowered section of the floodbank.

Residents say they are frustrated by lack of communication

Julie Struthers coordinates the Gordon Road Spillway residents group, and has lived in the area for 20 years.

"We had LIM reports and checks done, the usual things before buying a property, and there was no reference to it being on a spillway."

Residents were frustrated with the lack of communication, she said.

"If this change goes ahead, it is life-changing for all of us. In most circumstances, I would imagine we would become uninsurable.

Mosgiel Taieri Community Board chair Andrew Simms said the regional council had not properly maintained the flood protection or Silver Stream with gravel left to build up.

That meant the area flooded at lower river levels than it should.

"We pay a very expensive targeted rate for flood protection and I think we've got every right to go to bed at night thinking that the regional council is doing everything they can to ensure that the areas are being protected. But that's certainly not the case."

He was worried what would happen to similar flood-prone communities including nearby Outram and South Dunedin if the rezoning was approved.

"Is this going to creep? Is there going to be much wider areas where the council effectively just writes the areas off rather than saying 'we can protect it'?"

Council says it provided residents with info and extra consultation time

The Otago Regional Council (ORC) said it first submitted on the city council's district plan in 2015.

Policy and science general manager Anita Dawe said the council's position had not changed since then and had always been publicly available, but it had actively provided residents with information and additional time to submit during the consultation.

"We are in the midst of an active appeal and both councils supported the application to the court to use a process only available to them so that affected residents could be involved.

"We did this because we understand the significance of the actions being undertaken.

"In other circumstances without the court being asked to open the process, the court decides these matters on the evidence before them."

ORC engineering manager Michelle Mifflin said their team undertook routine maintenance on the Lower Taieri Flood Protection Scheme and the East Taieri Drainage Scheme.

"These activities include but are not limited to flood bank and waterway inspections, pest management, vegetation management, maintenance of scheduled drains, inspection, and maintenance of pump stations.

"(Council) engineering staff also respond during weather and flooding events, monitoring, operating pump stations and responding to weather and flooding damage."

Under the current Long Term Plan, a channel alignment and gravel extraction has been planned for the Silver Stream next financial year depending on consenting, she said.

Natural hazards manager Jean-Luc Payan said the spillway started operating when flows in the Silver Stream at Gordon Road exceeded approximately 120 to 130 cumecs and was fully operations when flows exceeded 150 to 170 cumecs.

"The Gordon Road Floodway receives flood waters when the Silver Stream overtops the spillway," Payan said.

"It also receives, flood waters from other sources during heavy rainfall events: overland flows (North and East) and overtopping of the drainage network and internal rainfall accumulation. Flooding can occur from any one of these sources or in combination."

The Dunedin City Council said all ratepayers in the Gordon Road spillway received a letter to inform them of the proposals for their area, but none of the landowners submitted then or when the regional council sought a more restrictive approach.

The Environment Court's original deadline for consultation was due to be complete by 22 March, which both councils sought to extend until 28 April to complete consultation, the council said.

"The consultation underway will also allow landowners and occupiers in the Gordon Road floodway to formally join the appeal by the Otago Regional Council, giving them ongoing involvement in the process from here.

"At all times, the Dunedin City Council has recognised the importance of consulting the people affected by this and other changes introduced by the Second Generation District Plan, and we're committed to continuing that effort."

Both councils have to report back to the Environment Court by mid-June.