Summary: The Ombudsman will not investigate Mr Q’s complaint about the Council’s handling of a Tree Preservation Order. This is because it is unlikely we would find fault with the Council’s actions. In addition, the planning system gives Mr Q a clear path to pursue if he wishes to fell the trees he is concerned about.

The complaint

1. The complainant, who I have called Mr Q, complained about Cornwall Council’s handling of a Tree Preservation Order (TPO). He said it placed a TPO on trees in his garden even though he told it how unsafe they are. He said his property has been damaged by the trees and his house is now unsaleable.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information Mr Q provided. I considered Mr Q’s response to a draft of this decision.

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What I found

Background

4. The law sets out what councils must do if they wish to make and confirm a TPO. Before making a TPO a council must invite representations from anyone who has an interest in the land on which the tree or trees stand. It must then consider any objections and comments before deciding whether to confirm the TPO.
5. Someone must apply to a council for permission to do works to trees protected by a TPO. If the council refuses their application they may then appeal to the Planning Inspectorate.

What happened

6. There are several large trees on Mr Q’s land. The Council placed a TPO on them in 2019.
7. Mr Q said the trees are taller than his house, lean at an angle towards the house and overhang it. Mr Q said branches have already fallen off and the roots have damaged his property.
8. Mr Q is concerned the trees are unsafe and is worried they may fall onto his house. He said the Council failed to properly consider his safety concerns and the evidence he has before it confirmed the TPO.
9. The Council did three site visits to assess the trees before and after confirming the TPO. It suggested trimming them by three metres. Mr Q does not think this is enough. He would like to fell the trees and is willing to replace them. The Council said Mr Q has not given it his evidence about the trees’ safety. Mr Q said the Council deliberately ignored the information he provided about the trees’ safety and the damage they are causing. He said he showed officers an email he received from a tree specialist in February 2020 recommending the trees be felled.

Analysis

10. We will not investigate this complaint.
11. I understand Mr Q is very concerned about the safety of the trees and the impact they may have on his house. However, I consider we are unlikely to find fault with the Council’s decision to confirm the TPO as it inspected the trees and did not have Mr Q’s tree specialist’s advice about their safety.
12. In any event, it is clear Mr Q wants to fell the trees. The planning system provides a clear way for him to pursue this. It is open to Mr Q to apply to the Council to fell the trees and to provide any specialist advice and evidence he has in support of his application. If the Council refuses Mr Q’s application he will then have a right of appeal to the Planning Inspectorate which will consider all the issues independently.

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Final decision

13. We will not investigate this complaint for the reasons given in the Analysis.

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Investigator's decision on behalf of the Ombudsman