Man who hamstrung local council embroiled in years-long planning dispute

A local businessman, David Penman, has been embroiled in a long-running planning dispute with his council, Clifftop at Hepburn. The dispute centers around allegations that Penman developed high-end tourism accommodations without proper council permission. The properties, named after African countries such as Zulu, Sahara, and Serengeti, are situated in a bushfire-prone area.

Penman's co-ownership of Clifftop at Hepburn has been under scrutiny after an extensive ABC investigation revealed allegations of unauthorized development on the site. The investigation, based on court and tribunal documents, neighbor complaints, and a Freedom of Information request, found that two allegedly unauthorized villas were being advertised while the dispute was ongoing.

Penman attempted private prosecutions against council figures earlier this year, but stated those matters were distinct from the planning dispute. He denied accusations that the private prosecutions were used as leverage in a planning dispute. According to Penman, the private prosecutions focused on alleged conduct and evidence in their own right, separate from the planning issue.

The dispute intensified when news broke of additional unauthorized structures identified during council inspections, including non-compliant dwellings, signage, and vegetation removal. The council attempted to resolve these issues through secondary consent pathways, but tensions escalated between the business and the council. Penman's social media posts and interactions with council staff further exacerbated the situation, leading to antagonism on both sides.

The dispute has strained the resources of the small rural council, with Penman and his business bringing multiple legal actions against the council. Despite court and tribunal proceedings, the council's former CEO, Bradley Thomas, reported abusive and aggressive communications from Penman, which Penman denied. The ongoing legal battles and the threat of enforcement costs have further complicated the situation for all parties involved.