National Ombudsmen
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Cornwall Council agrees remedy with businessman following planning error
A businessman who was told by Cornwall Council that he could start building work despite not having all the correct consents has been offered costs of more than £20,000 for delays.
The man approached the Local Government Ombudsman (LGO) after planners at the council told him he could start building his office block, without warning him that the permission he needed to divert a footpath on the site could cause a long delay.
At the time officers believed the path ran through the development’s car park, leaving the businessman free to start work on the office block. But it was not until months later, after workmen had already started major building work, that planners discovered the path ran straight through the new offices, which were being built on the site of an old barn.
A report by the LGO into the complaint has found that Cornwall Council was at fault in its handling of the planning application. The council failed to tell the applicant of the probable delaying effects of the application to divert the footpath. This also led to an inquiry by the Planning Inspectorate, meaning the development was significantly delayed, incurring more than £50,000 extra costs for the businessman.
Dr Jane Martin, Local Government Ombudsman said:
“The complainant was not told how long it might take for those permissions to be granted, and so he felt rightfully aggrieved when this process took longer than anticipated. This was compounded all the more by the confusion surrounding the actual location of the footpath which took many months for the council to determine.
“I am pleased that Cornwall Council have agreed to pay the complainant 50 per cent of the additional costs he has incurred as I believe there have been failures on the part of the council. However, the complainant did have his own professional advisers representing him, and those advisers should have also identified and discussed with him the possibility of redrawing and resubmitting his plans to avoid the footpath and a delay.”
Cornwall Council has agreed to pay the complainant £21,323, which is 50 per cent of the costs he has incurred as a result of the failures identified in the report.
http://www.lgo.org.uk/GetAsset.aspx?id=fAAxADgANgA3AHwAfABUAHIAdQBlAHwAfAAwAHwA0
