Summary: We will not investigate this complaint about planning enforcement because the matter has been appealed to a Planning Inspector (and other matters could have been appealed). Part of the complaint is also out of time.

The complaint

1. Mr X complains about the way the Council provided information to him about his trees prior to his planning application. He says that, as a result, he was caused legal costs in pursuing his appeals to the Planning Inspector.

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The Ombudsman’s role and powers

2. 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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)
5. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• Delay – usually over eight weeks – by an authority in deciding an application for planning permission
• A decision to refuse planning permission
• Conditions placed on planning permission
• A planning enforcement notice.

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X says that the Council had investigated the felling of trees on land in 2019 he had bought. He says he did not find out about this until he made a planning application in 2020 for the land. He withdrew the planning application and the Council served a notice on him for work required to the trees. He successfully appealed to the Planning Inspector and was also partially successful in a second appeal against a Council notice.
9. The Ombudsman cannot investigate any matter relating to the issues appealed to the Planning Inspector (or could have been). Mr X says he became aware of the Council’s investigation (which took place in 2019) in 2020 when he submitted his planning application. I consider that any complaint about the delay could reasonably have been made to this office within 12 months of that date and so is out of jurisdiction for investigation.
10. The Ombudsman will not therefore investigate this complaint because of the right of appeal to the Planning Inspector and the lateness of the complaint.

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Investigator's decision on behalf of the Ombudsman