Investigation Report: Ombudsman Act –  RM of St. Clements and Red River Planning District

2015-06-22

Summary

Property owners complained that the Red River Planning District and the Rural Municipality of St. Clements handled their subdivision application unfairly. The RM delayed making a decision about the subdivision application (despite having approved similar requests in the past) on the basis that an anticipated secondary development plan would provide guidance on such matters. The secondary plan, however, had not yet been finalized, so after a two year delay, the RM approved the subdivision application, which was then subsequently denied by the planning district. The property owners appealed the decision to the Municipal Board and the appeal is still ongoing. The ombudsman found that the subdivision application was not treated consistently with how other similar applications were treated, and that the property owners experienced an inordinate and excessive delay. The ombudsman suggested that the planning district and RM review the process by which they deal with subdivision applications in the interest of providing better customer service, and that the RM develop a policy that sets out when, how and for what period a subdivision application may be tabled. The RM agreed to develop a policy, and the planning district explained that it is revising its brochures to ensure that the subdivision process and procedures are clear to the public.

Case 2013-0069