Disgruntled Queensberry residents have few avenues left to pursue regarding their concerns about a neighbour's earthworks.
The Central Otago District Council hearings panel, sitting in Alexandra, heard an application by Enfield Limited for retrospective land-use consent on a farm in the area.
It was made on behalf of landowner Lynn Wills at the council's suggestion after it was notified of earthworks on the property.
Mr Wills dug a 1km-long and 3m-wide ``bench'' into a slope near the border of his property to enable the building of a stock-proof fence and provide space for a water-system pipe.
The application received two opposing submissions from neighbours of the land.
At the hearing, submitter Christopher Heine said the works moved ``large boulders the size of cars which could potentially roll'' on to his property.
Submitter Sunny Collings said Mr Wills failed to apply for consent before the work, which meant there could be ``no meaningful conversation'' about a mutually agreeable option.
The works spilled fill on her side of the boundary and into Poison Creek, reducing its flow, she said.
Lawyer Peter Dymock, on behalf of the Mr Wills, said the Otago Regional Council visited the creek and required ``a few minor'' remedial works be implemented by the end of November.
The low river flow was due to a ``perfectly legal'' water take upstream, he said.
The submissions exaggerated the value of the vegetation and habitat of the area, he said.
Panel chairman John Lane said fill spilling into the creek was a regional council matter that it appeared was being dealt with.
The potential of boulder slippage was the applicant's responsibility to mitigate, he said.
District council planning consultant David Whitney said fill spilling over boundaries was ``more a matter of civil law''.
If the consent was declined, the main option the submitters had in terms of remediation was the Environment Court, he said.
His report said all adverse effects could be mitigated and recommended the application be granted.
The panel reserved its decision.
