The Ombudsman's final decision
Summary: Mr C complained the Council did not respond correctly to his notice of intent to carry out works to trees in a Conservation Area. He said because of this he lost work and experienced distress. We found no fault with the Council.
The complaint
Mr C complained the Council did not respond correctly to his notice of intent to carry out works to trees in a Conservation Area. He said because of this he lost work and experienced distress.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered: Mr C’s complaint and the information he provided; documents supplied by the Council; and relevant legislation and guidelines.
Mr C and the Council had the opportunity to comment on a draft decision. I considered Mr C’s comments before making my final decision.
What I found
Legislation An owner planning to carry out works to trees in a conservation area must give the Council six weeks’ notice. This a section 211 notice. The Council can then decide whether to make the trees subject to a tree preservation order (TPO). The Council cannot refuse consent but can place conditions on the work. (The Town and Country Planning Act 1990, section 211) Anyone proposing to carry out work on a dead tree in a conservation area must give the authority five days’ notice before carrying out the proposed work.
A TPO makes it an offence to cut down, top, lop, uproot, willfully damage or destroy a tree without the council’s permission. Someone seeking permission to carry out works to a protected tree must apply formally to the Council. (Tree Preservation Orders and trees in conservation areas 2014, paragraphs 20 to 44) What happened Mr D lives at Property 1. His garden is in a conservation area and has trees with TPOs. These are shown on the Council’s website. Mr D was going to hire Mr C to trim trees in his garden.
In June 2021, Mr C gave the Council notice under section 211 of The Town and Country Planning Act 1990 that he intended to trim five trees in the garden of Property 1 and remove one.
The Council told Mr C Property 1 was covered by a TPO and was in a conservation area. It told him if he wanted to carry out work on the trees, he needed to make an application. It sent him the link to do so.
Mr C questioned whether the trees he was going to work on were covered by TPOs and asked the Council for details. The Council gave Mr C the TPO document for Property 1. Mr C told the Council the trees in his section 211 notice did not have TPOs and therefore he did not need to make an application to undertake the work.
The Council wrote to Mr C and said it accepted his section 211 notice to carry out works to trees in a conservation area. It told him it had until the 23 July 2021 to consider making TPOs on the trees.
Mr C told the Council the trees had cavities and were overhanging the highway. The Council said a tree officer would inspect the trees that day and consider whether he could undertake works under a five-day notice.
The tree officer met with Mr D, the owner of the trees, and discussed the section 211 notice. Mr D decided he did not want work carried out on the trees and asked the Council to withdraw the notice, which it did. The Council sent Mr C a letter to advise him of this.
Mr C told the Council he had not withdrawn his section 211 notice. The Council suggested he speak to Mr D.
Analysis The Council had six weeks from the date Mr C put in his section 211 notice to decide whether to make the trees subject to a TPO. Within six weeks the Council clarified which trees were subject of the notice and whether they had TPOs, considered Mr C’s section 211 notice, carried out a site visit and spoke to the owner of the trees, Mr D.
Mr D decided he did not want work carried out on the trees in the section 211 notice. This was his decision to make. As the owner of the trees, he asked the Council to withdraw the section 211 notice, which it did. The Council updated Mr C within six weeks of when he made the section 211 notice.
I found no fault with the Council’s actions.
Final decision
I have completed my investigation and do not uphold Mr C’s complaint.
Investigator's decision on behalf of the Ombudsman