$8.3m Fraser Park project offside with its neighbours

Saturday, 3 February 2024

The embankment at Fraser Park, to the right, will only have a 1.1m high fence on top which will allow spectators to peer over into the yards of neighbouring properties.

It is not neighbours at war, but Neil English wants those involved with the $8.3m redevelopment of Fraser Park to play within the rules.

English's property backs onto the park, at the western end, and he is battling some of the recent work he says takes away personal privacy and will cause more light pollution on his property..

His frustrations have resulted in a complaint to the Timaru District Council, a call to Rangitata MP James Meager, and on-site meetings with the ground's owners, the Fraser Park Community Trust.

English says he can't afford to challenge any of the decisions in the Environment Court, so is considering sending everything to the Ombudsman to examine.

English said he has been a happy neighbour for 18 years, accepting the light spillage over his property at night, and also shrugging off abuse and indecent exposure of drunk spectators who had found their way behind 1.8m high advertising hoardings which acted as screen on the embankment to relieve themselves.

'We've had them [spectators] on the turps, and they piss everywhere … we get full frontals, we've been abused in the past … some have even thrown bottles and this was even before the fences were removed, so what are we going to get now?

'The back fence and trees used to shield us a bit, but they've taken all that away and they are just going to put a 1.1m high fence on top of the 2m hill that looks down on our properties.

'So, it is not only the lighting issue, they are also destroying ours and others’ privacy, and the enjoyment of our properties.'

The redevelopment had realigned the main field and required the shifting of two lighting towers, with one being the closest to English's property. That movement had required a separate resource consent and English said it was disappointing it was handled by the council via a non-notified process.

Work on repositioning one of the light towers at Fraser Park in Timaru on January 29, 2023.

'We should have got the chance to speak … it should have been notified.

'I'm disappointed to discover that the original consents for the light towers have never been complied with at all,“ he said, of the consents approved in 1994.

Those conditions included the lights not being used after 9.30pm and to be used no more than 12 times per calendar month. Administrators also had to keep a log book showing days and hours the park was used under lights, and the record had to be made available to council officers upon request.

Light levels were also not to exceed 20 lux for owners of properties that did not consent, except for televised games and the public address system to be used only for public information announcements.

'We thought someone might have come to the party … council has just allowed them to do all that… they've ignored the original resource consent.'

English also claimed the shifted tower was being 're-aimed' to provide better lighting at that end of the ground, despite lighting expert Paul Wilson’s report, requested by council, predicting it could increase light spill onto properties on Otipua Rd.

A look west of some of the redevelopment work at Fraser Park, Timaru.

'To me, they have re-aimed the lights … it looks like the whole process is an absolute farce … they've ignored the rules.

'It goes back right to the beginning. It should not have been non-notified. I'm planning to send all the stuff I have to the Ombudsman's office.'

The council's planning manager Hamish Barrell said that “as one of the major funders of this project, and to ensure there were no claims of any bias on behalf of the council”, it had passed consenting matters to independent commissioners.

'This means council itself isn’t involved in any of the decisionmaking around this consent or any conditions imposed upon it.'

Barrell said that council had received few, if any, complaints over the years about the lighting and while it sympathised with the concerns, much of the project was already granted by existing use rights.

'It was the commissioners’ view that the effects of any changes made to the site, including the repositioning of two of the light towers, were less than minor to neighbouring properties, so there was no requirement for consultation or a hearing on the matter.

An aerial view of work being undertaken at Fraser Park, Timaru in November 2023.

“As with any consented activity, our expectation is that all conditions will be complied with, but if not the council then has the option to work with consent owners to achieve compliance.

“We would have the expectation that all work is done in compliance with the resource consent.

'Council is not in a position to ascertain whether compliance with the resource conditions has been achieved until such time as the lighting has been activated, but through the planning and building system we can ensure that anything built is in compliance with regulations, and will seek a remedy in cases when it is not.”

Barrell later said that with the lights currently inoperative due to the bulbs being removed, it would ultimately fall upon council to investigate when the lighting was turned back on.

'If the repositioned lights are being ‘re-aimed’ as part of the move, then this will be a factor in any further evaluation of compliance.'

Commissioner Allan Cubitt’s decision said any future emitted cone of light was to be at the same angle as on the existing pole or would “not result in any great level of light spill on residential or street users” than currently emitted.

Recent building progress on the new stadium at Fraser Park, Timaru.

English also challenged Barrell's calculations over changes involving the fencing levels.

With the 1.8m fencing gone from the top of the 2m-high embankment, spectators would be able to peer over a 1.1m high fence down into all the neighbouring properties. Barrell claimed the height reduction was 60cm, but it was 70cm with the fence being 1.1m (3ft 6in).

Barrell said he was aware that issues between neighbours and adjoining sports grounds could arise at any time and if this was to be the case for Fraser Park in the future then complaints, including anti-social behaviour, would become a matter between the grounds managers and the neighbours to resolve, 'based on the principles around avoiding nuisance and trespass'.

'Please rest assured that council are committed to being good neighbours, and believe that the community trust would wish to explore potential solutions within the confines of the law.'

English had met with trust representatives and he said there were some positive talks but nothing was finalised.

He was told that the lighting situation would be further investigated to ensure the changes were compliant with the resource consent.

'I'll be happy with an agreement regarding the fencing and getting our privacy back.

'If moving (re-aiming) the lights is against the resource consent then I'm not going to turn a blind eye.

'I think there is some manipulating of the resource consent going on.'

English said he was just one of several residents in close proximity of the ground that had concerns with the redevelopment.

The trust's project manager Phillipa Guerin said there were now “plans in place to work together to mitigate any concerns' and 'were working towards resolving these'.

English said: 'We just want our privacy back.

'Like I've said before … we've lived here 18 years and obviously it has been OK, until they pulled the fences down and raised the bank.'