Summary: The Ombudsman will not investigate this complaint about the potential removal of a tree. This is because the complainant has not been caused any significant personal injustice.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the potential removal of a mature tree located at a site that is likely to be developed by the Council. Mr X says the Council is playing down the significance of the tree so it can later justify its removal.

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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, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision and have considered his comments in response.

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What I found

4. Mr X has raised concerns about a mature oak tree located at a site likely to be developed as part of the Council’s town centre regeneration. Mr X says the Council initially overlooked the presence of the tree and has since downplayed its significance to justify its removal.

Assessment

5. The Ombudsman should not investigate this complaint about how the Council has considered concerns about a tree at a possible development site. This is because the complainant has not been caused any significant personal injustice.
6. The Council says the tree will be considered as part of any planning application made for the site. An arboricultural assessment will be submitted with the application and the acceptability of the development will be considered and determined by the Council’s planning committee.
7. Mr X is concerned about the possible removal of the tree. But I cannot say he has been caused any injustice by the matter. Planning permission has not been granted for the site and it is not yet known if the tree will be removed as part of any development. I understand Mr X has concerns about how the Council will assess the planning application when it is made. But the Council will need to consider the material planning matters before determining the application and Mr X will have the opportunity to comment on any proposed development.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because Mr X has not been caused any significant personal injustice.

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Investigator's decision on behalf of the Ombudsman