Summary: Mr X complains the Council refuses to allow the felling of trees under a preservation order. The Ombudsman will not investigate this complaint. Mr X had the right to appeal to the Planning Inspectorate.

The complaint

1. Mr X complains the Council refuses to allow the removal of a group of trees which he says are a danger to the community.

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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.

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How I considered this complaint

3. I considered the information provided by Mr X and the planning information available on the Council’s website.
4. Mr X had the opportunity to comment on the draft version of this decision.

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What I found

5. Mr X applied to the Council for permission to fell 9 trees under a preservation order.
6. The Council refused the application stating it had given the application serious consideration but decided the application to fell the trees was premature.
7. The Council’s refusal letter includes details of the applicants right to appeal against the decision to the Planning Inspectorate.
8. It is reasonable to expect Mr X to have used those appeal rights as the Planning Inspector has the power to consider the merits of an application and allow an appeal if appropriate. The Ombudsman does not have this power.

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Final decision

9. I will not investigate this complaint. This is because Mr X had a right to appeal to the Planning Inspectorate against the Council’s decision.

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Investigator's decision on behalf of the Ombudsman