Published on October 17, 2017
Fences around a farm as possible interference with the appearance of the landscape
A married couple turned to the ombudsman in a case involving the procedure of authorities (the Nature Conservation Body, the Construction Authority) in connection to granting permission to fence a fallow deer farm on their land.
The deputy-ombudsman's inquiry confirmed that the complainants had started the construction works on the fences without an appropriate permit by the Construction Authority (as well as at variance with the spatial plan), which necessarily had had to lead to proceedings on removal of the structure. The deputy critically noted that the proceedings on removal of a structure had not required the spatial planning process, and if the Construction Authority had stayed the proceedings on such grounds, its procedure had been wrong. If, after the expiry of the period for which the procedure for the removal of the structure had been stayed, the proceedings remained open for a long time, then the Construction Authority erred by being inactive.
The authorities reflected the criticised shortcomings in the current procedures, took steps against the inactivity, and promised to further act in accordance with the legal requirements. According to the current reports from the authorities, the administrative proceedings regarding the construction of the fences around the farm have not been closed by a final decision, and the complainants are parties to the proceeding, with all rights following from it, which they also actively exercise. The deputy-ombudsman therefore closed the inquiry.