Summary: Mr X complained about the Council’s refusal to allow him permission to remove trees on his land which are subject to preservation orders. The Ombudsman cannot investigate this complaint. This is because Mr X had a right of appeal against the Council’s refusal and this was dismissed by a Planning Inspector.

The complaint

1. The complainant, whom I shall call Mr X, complains that the Council has refused him permission to fell trees on his land. He says overhanging branches are causing debris to fall on his property.

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The Ombudsman’s role and powers

2. 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.

3. 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)

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How I considered this complaint

4. I have considered all the information which Mr X submitted with his complaint and he has been given an opportunity to comment on the draft decision.

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What I found

5. Mr X applied to the Council to fell protected trees on his land. He says debris from the trees causes a hazard to his property. The Council refused permission and he appealed to the Planning Inspectorate. The appeal was dismissed. Mr X did obtain permission to reduce the length of some overhanging branches but this has now lapsed.
6. Mr X submitted an incomplete application to the Council in 2018 to carry out work but he did not follow this up. When he contacted the Council recently it advised him to seek an application from a tree specialist to renew the lapsed application for pruning work. Mr X says he cannot find a contractor to apply because the permission to fell was refused.
7. The Ombudsman cannot investigate where a complainant has exercised their right of appeal to a government minister. Mr X could re-apply for the limited works which expired and this should not deter contractors because it was previously given approval.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because Mr X had a right of appeal against the Council’s refusal and this was dismissed by a Planning Inspector.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman