Council enforcement of Planning Tribunal ruling
Failure to enforce District Scheme requirements-resolved by Council initiating legal proceedings
A complaint was received about the failure by a District Council to enforce District Scheme requirements as set down by a decision of the Planning Tribunal, about a year previously.
The land which was the subject of the appeal had earlier been the subject of an application for a notified application for planning consent to manufacture concrete water tanks, septic tanks and troughs by a local manufacturer.
The complainant had been the only objector. Because the Planner for the Council considered that granting consent would have little planning significance, he supported a specified departure, and consent was granted subject to five conditions. An appeal about the decision to the Planning Tribunal, was successful.
In the meantime the manufacturer was reported to have disregarded the decision and continued to operate his business on the site, on a larger scale than at the time of the planning appeal.
The complaint was notified and the Council advised that approximately a week prior to receiving notice of the complaint, the Council had resolved to carry out legal procedures to enforce the Planning Tribunal’s ruling, and had initiated the process. The manufacturer was to be required to cease concrete tank manufacture on the land.
On the grounds that the Council was taking action in the matter, the Ombudsman concluded that the complaint was resolved and the investigation was discontinued.
This case note is published under the authority of the Ombudsmen Rules 1989. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.