A COUNCIL which paid a farmer £500 for distress after he received complaints from residents about the smell from his land has accepted a damning report by the local government watchdog.

An extraordinary meeting of Easington District Council accepted a finding of maladministration with injustice for failing to take enforcement action over a landscaping condition at a housing development. The ombudsman ruled that had the council secured a landscaping scheme, it would have helped overcome complaints by residents about noise and smells from the farm.

It was also found that the authority had failed to stop the developer, Persimmon Homes, from building a gabion wall - composed of mesh baskets - bordering the farmland.

The long-running planning row centres on The Spinney, built on former council land in Easington Village after planning permission was granted in August 1998.

Instead of planting trees and shrubs, the developer built a gabion wall to retain gardens on a steep slope - which was found to be poorly constructed and began to fail.

According to the ombudsman's report, the council had been alerted during the summer of 2000.

It took action to halt the works until a planning application was submitted and the wall could be constructed properly.

The neighbouring farmer, who complained to the ombudsman, said the nearest houses were only five metres from his cattle sheds, prompting complaints about noise and smell. At one stage, his cattle had been shot at with an air rifle.

In a report to the meeting, district council assistant chief executive Ian Foster said: "It is quite clear that the council has taken too long to resolve the matter.

"The council has been aware of the issue for more than four years and no resolution has occurred."

The meeting agreed to ensure that outstanding enforcement issues were dealt with as a matter of urgency.

Joe Kincade, a resident of The Spinney, said last night: "There have been so many promises in the past. Considering the authority now has a new chief executive and planning head, we can expect some swift action - but we are not holding our breath."