Northumberland businesswoman tried to claim £27,000 over incorrect planning advice from council

The woman, identified as Mrs X, also claimed the council failed to respond to requests for more information for a “significant” amount of time.

She said this meant she was unable to open the commercial unit she had rented for business, during which time she spent £27,000 on rent.

She initially contacted the council in October 2021 to see if she would need planning permission to carry out work on the unit, making a ‘pre-planning advice enquiry’ at a cost of £40.

The ombudsman’s report said she wanted to “formally check” whether she would need to submit a planning application, but did not believe she would be required to do so.

However, in December she was told that she would need to go through the planning process after all.

Mrs X sought clarification, but claimed that the council failed to respond to numerous emails and calls until she contacted her local councillor for help.

At this point, the planning department admitted its error, apologised, and refunded the £40.

Unsatisfied, Mrs X made a formal complaint in May 2023, arguing that if she received the correct advice she could have “started trading much sooner”.

The Ombudsman found fault with the council’s initial response, and felt the apology and refund was “not an appropriate remedy.”

However, due to a lack of evidence of the emails sent by Mrs X, the ombudsman felt there was no fault in the council’s failure to respond.

The inspector felt that if a planning application had been submitted, the situation would have resolved “much more quickly.”

Furthermore, the report states that the planning section of the county council’s website had “clear information” about what type of permission would be needed.

Concluding the investigation, the ombudsman said there was “no evidence to show Mrs X pursued the matter with urgency.”

As a result, they recommended an additional payment of £150 in compensation from the council.

Responding to the Ombudsman’s report, a spokesperson for the council said: “We note the Ombudsman’s finding and have paid the complainant £150. We acknowledge incorrect advice was given on this occasion and have since refreshed our pre-application service.”