The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions in respect of a Tree Preservation Order. This is because the complainant has used his right to appeal to the Planning Inspectorate, and this places the substantive matters outside our jurisdiction.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council was at fault in imposing a Tree Preservation Order (TPO). He further complains that it delayed deciding his application to remove the protected trees and that its decision to refuse the application was flawed.
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) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. (Local Government Act 1974, sections 26B and 34D, 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 B says he contacted the Council to enquire about removing trees on his property. The Council responded by making a TPO. Mr B believes the Council’s decision to do so was unreasonable. In January 2022 he applied for permission to remove the trees, which he says are causing significant damage to his property. The Council refused the application.
Mr B complains that the Council was at fault throughout the process. He wants it to grant permission for the removal of the trees. In addition, he wants an apology, and for officers to be subject to disciplinary action.
There are insufficient grounds for the Ombudsman to consider this complaint. The evidence Mr B has provided shows that the TPO was made in 2018. The complaint about the decision to make it is late and there are no grounds for us to consider it now.
In any case, a TPO does not prevent works to a tree. The law provides a route by which permission can be obtained through an application to the local authority. Mr B has made such an application. I note that the Council has accepted failings in communications on its part during the application process and has apologised. However, the two key aspects of the complaint are the failure to decide the application within the relevant timescale, and the decision itself. Both carry the right of appeal to the Planning Inspectorate, and I note that Mr B has used that right.
The fact that Mr B has used his appeal right places the substantive matters outside the Ombudsman’s jurisdiction. There is no discretion available to us on this point. Other aspects of Mr B’s complaint are not separable from the matters about which he has appealed, and do not therefore fall to us to investigate.
Final decision
We cannot investigate Mr B’s complaint because he has used his right to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman