Summary: Ms X complains about the refusal of the Council to allow her to remove trees subject to Tree Protection Orders. The Ombudsman will not investigate this complaint because she appealed to a Planning Inspector.

The complaint

1. Ms X complains about the refusal of the Council to allow her to remove trees subject to Tree Protection Orders.

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The Ombudsman’s role and powers

2. 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)
3. 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.

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How I considered this complaint

4. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

5. Ms X says that two trees on her land have affected her property. She made two separate applications to remove the trees and the Council refused both. She appealed to a Planning Inspector and awaits the outcome.
6. Someone seeking permission to carry out works to a protected tree must apply formally. The Council can consider displaying a site notice and consulting local residents before it decides.
7. An applicant aggrieved by a refusal to grant permission to carry out works can appeal to the Secretary of State.
8. As Ms X has appealed to a Planning Inspector the Ombudsman cannot investigate this complaint.

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Final decision

9. I do not intend to investigate this complaint because she appealed to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman