The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council giving consent for a healthy tree to be felled. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr B complains the Council wrongly gave consent for a healthy tree to be felled close to his home.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr B and planning records on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council received a planning application to vary a condition of a planning permission to remove and replace two trees. These trees are not protected by a Tree Preservation Order. The Council’s planning department consulted its Trees Team which agreed to the removal and replacement of these trees. The Council granted the application planning permission.
I have not seen any information to suggest the Council was at fault for the way it reached this decision to grant planning permission.
Unless there was fault in the decision making process, we cannot say the Council was right or wrong to approve this application.
The Council has also answered Mr B’s additional queries about the way this decision was reached.
There is not enough evidence of fault to justify an investigation. So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman