Alexandrina Council committed maladministration by building developing without approval, Ombudsman finds

A Fleurieu Peninsula council committed maladministration when it built a large scale development on the River Murray without building consent, the State Ombudsman has ruled.

A Fleurieu Peninsula council committed maladministration when it built a large scale development on the River Murray without building consent, the State Ombudsman has ruled.

SA Ombudsman Wayne Lines has found Alexandrina Council and its former infrastructure planning and design general manager, Neville Styan, guilty of maladministration in public administration for constructing the recreational boating facility at Goolwa Wharf without obtaining either development approval or building consent required under the law.

However, Mr Lines has recommended no action be taken against the council or any of the “key players” because many of them are no longer employed or elected members of the council.

He said the matter “should serve as a reminder to members and executive staff of the current council” of their need to comply with the Development Act.

South Australian Ombudsman Wayne Lines. Picture: Tait Schmaal.

The 11-month investigation, following a complaint by former councillor Madeleine Walker, centred on the 2010-2011 construction of the council’s Goolwa Wharf Recreational Boating Facility, a $639,600 project between the council and the then Department for Water.

The development included the construction of floating pontoons for the short-term mooring of recreational boats and the widening of an existing boardwalk known as Hector’s Jetty.

It was planned for the pontoons to constructed and installed in time for the Goolwa Wooden Boat Festival in February 2011.

But soon after being installed, it became apparent the pontoons had structural problems, including concrete surface cracking.

The pontoons were found to be not fit for purpose and eventually removed, however part of the structure still remains in the water.

During ensuing arbitration and a legal battle for the council to recover costs, it emerged that the council did not have either development approval or Building Rules Consent for the project.

Boats at the Goolwa Wharf. Picture:- SA Tourism Commission

In his investigation Mr Lines said Mr Styan, who “had responsibility for co-ordinating and managing the project from its inception to its completion”, bore “primary responsibility for this occurring”.

“In my view the failure to obtain Building Rules Consent involved the mismanagement of council funds,” he said.

“It was a fundamental error on a significant piece of infrastructure that, in my view, rendered its construction unlawful.

“The implications in terms of cost and inconvenience to both the council and ratepayers have been significant and ongoing.

“In my view the inescapable conclusion is that this was a substantial mismanagement of public resources that amounted to maladministration.”

The report found the council had racked up a legal bill of $328,000 over the issue.

The Advertiser attempted to contact Mr Styan, who left the council in October 2016 after 17 years of employment.

Mr Lines’ report said during a closed “briefing” meeting held in August 2016, Mr Styan said the council didn’t get development approval “because of the time pressures of the project”.

Ms Walker, who lost her seat on council in November but said she would run for mayor at the next council elections, said she believed it was “the tip of the iceberg”.

“I’m very pleased that the Ombudsman has vindicated my concerns about council’s administration, in particular its planning and development department,” she told The Advertiser.

“I believe it's the tip of the iceberg when it comes to council’s planning department.

“It’s my intention to make a formal complaint to the Ombudsman about the conduct of the Mayor (Keith Parkes) for disclosing my complaint to senior staff.”

Mr Parkes said the council had taken steps to assure the Ombudsman something similar wouldn’t happen again.

And he also denied disclosing Ms Walker’s complaint.

“We have had substantial changes,” he said.

“We have done extensive reports back to the Ombudsman.

“No I did not (disclose her complaint).”