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Earthworks next door query

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  • Earthworks next door query

    Hi there,

    I'm hoping for some guidance or advice with a huge earthworks development next to my property.

    I bought my first home 2 months ago in Waikato, which looked out over a flat paddock, the same ground level as my backyard. Since then this has been developed has been getting gradually higher each day to the point where it is now 2 meters above my ground level and far taller than my back fence.
    Directly behind my fence dirt is piled up about 1 meter high which then slopes up to 2 metres high.

    I'm worried how this will affect drainage onto my property and also about privacy as the new houses built there will now have their foundation level with my ceiling on what used to be a flat plain.
    I knew there would be development work done but never envisioned they would build up the ground level this high.

    I've contacted the council for plans but they haven't been able to help so I'm feeling pretty lost.

    Any advice or knowledge if there are any laws about building so high would be greatly appreciated.

    Thanks in advance.

  • #2
    It is quite common for earthworks to result in piles of dirt being moved from where roads will be, then re-distributed, later. How sure can you be that houses will be built ofn the mounds you see? It would be very unusual, given the risks of subsidence to any dwelling built atop such newly deposited material. Jump the fence and go talk to someone who looks like they're supervising the overall development / earthworks.


    • #3
      Are you in a flooding zone or near a water way. There may be some requirement that the floor levels have to be at a certain height for new builds. Otherwise there would seem no rational reason for a developer to be doing this . Unless there is a motorway next to your house and it is a sound barrier. I’ve seen these banks before with plantings on them around developments to stop road noise. The houses are not put on them but below.


      • #4
        Did the LIM detail what was to happen on the site?


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        • #5
          Hi everyone, thanks for the advice here.
          I finally got somewhere with the council. A planner came to have a look because they have no consents to alter the natural ground level, however he is now backtracking and saying he doesn't think its an issue, I'm wondering if he's been influenced by the well off development firm.
          Basically the ground level is now 2.5m what it used to be and he says as long as the house on it meets the 3m, 28degree rule then it is compliant.
          However, the 1.8m fence (4 metres with the new ground level) they will build doesn't come into this rule as it doesn't count as a building due to being under 2.5 metres high.
          Basically its a loophole to build as big a fence as they feel like to give a superior outlook over the existing properties.

          Any ideas if I can do anything from here?


          • #6
            I should also say the LIM did not mention ground level changes as it was not consented apparently. It is not a flood zone and I know 3 houses will be squeezed onto the back of my section with a foundation metre higher than my old fence.


            • #7
              Geez maybe consider selling and moving on - if it bothers you Perrc. The buyer will be none the wiser and accept it as the norm.

              This must be happening all over AKL with the AUP.


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