Concerned son and ratepayer Don Crack has called for McCracken Homes' workers to be evicted from Myall Placement Retirement Village immediately.
More than a month after an application put to the Development Assessment Panel (DAP) to convert a unit block to worker's accommodation was denied, the council is still allowing the workers to occupy the units.
Mr Crack's mother's unit backs onto the block of units the workers occupy and he said his sole concern was the wellbeing of his mother and other residents.
Mr Crack said he was frustrated with the council's lack of action in the removal of these workers.
He said it had been a long 18 months since he first brought the issue to the attention of the council.
"They just sat on their hands and watched the world go by," he said.
He said in his humble opinion he believed nothing had been done and the situation had made him "miserable".
"I told them it was bureaucracy gone mad," Mr Crack said.
He said the elderly people at the facility deserved respect as they were lifelong residents of Whyalla.
Mr Crack said after attending a private meeting on October 27, he understood that even though McCracken Homes had lodged an appeal against the DAP's original decision to the planning court, the workers would be told to vacate the accommodation.
He said he received a message last week from the council that said the workers would receive an eviction notice and would be out of the units by last Friday.
Whyalla City Council planning manager Jason Willcocks acknowledged that the council's intention was to issue Village Life (Myall Place Retirement Village) with new written advice last week that the original enforcement notice must be complied with.
"Since then however, the council has been advised that any such enforcement instruction is to be settled by the council's legal advisers first," Mr Willcocks said.
"This has now been completed and the process will continue to be pursued in accordance with that advice.
Mr Willcocks said the council considers it appropriate to await for the outcome of these relevant procedures rather than conjecturing on what those outcomes may or may not be at this particular point.
In the Thursday, October 15 edition of the Whyalla News, Mr Willcocks said the applicant would receive notification of the plan's refusal, and would then have to make arrangements for the workers living in the units to vacate.
McCracken Homes director Charlie Siciliano said they are going down a path to arrange a time agreement with the council in regards to this matter.
Mr Crack said he was past the point of staying quiet and has written to the ombudsman notifying him of this matter.