The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council has refused to allow the removal of trees which are subject to tree preservation orders. This is because the complainant has used their right of appeal to the Planning Inspector.
The complaint
The complainant, who I will call Mr X, complains that the Council has refused him permission to fell tress. He says overhanging branches are causing damage to his property.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied to the Council to permanently fell trees close to his home which overhang his property. The Council refused, so he appealed to the Planning Inspector who will consider his appeal.
I cannot investigate Mr X’s complaint because he has exercised his appeal to a government minister. This places the complaint outside of our jurisdiction.
Final decision
We cannot investigate Mr X’s complaint because he has appealed to a government minister.
Investigator's decision on behalf of the Ombudsman