The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a Council refusal to grant permission for work on a tree which has a Tree Preservation Order as he has appealed to the Planning Inspector.
The complaint
Mr X complains about the Council’s refusal to grant permission to carry out work on a tree with a Tree Preservation Order (TPO).
The Ombudsman’s role and powers
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 Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X asked the Council for permission to carry out work to a tree on a communal driveway which has a TPO attached to it. In December 2022 the Council refused permission. Mr X appealed the Council’s decision to the Planning Inspector. It has confirmed it is a valid appeal.
We cannot investigate Mr X’s complaint as he has appealed to the Planning Inspector.
Final decision
We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman