Summary: Mr X complains the Council has failed to respond to his request for a Preservation Order on a group of trees on land it owns. The Ombudsman will not investigate this complaint as we have seen not evidence of fault in the Council’s actions.

The complaint

1. Mr X complains the Council refuses to act on his request for Preservation Order on a group of trees on land it owns.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered the information provided by Mr X and the Council.

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What I found

4. Mr X asked the Council for a Tree Preservation Order (TPO) on a group of trees on land it owns.
5. The Council told Mr X the power to make TPO’s rests with the local planning authority (LPA). In this case, the local borough council. It explained that it does not consider the trees are of a quality which merits a TPO. But should the borough council decide to make one, then it will respond to any consultation.
6. As owner of the land the Council could apply to the LPA for a TPO. However, it has advised it does not consider the trees in question merit such protection. This is a decision it is entitled to make.

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Final decision

7. I will not investigate this complaint. This is because be have not seen any evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman