Summary: Mrs X complained about the Council refusing her application to carry out pruning work on a neighbour’s tree which is protected by a preservation order (TPO). We should not exercise discretion investigate this complaint. This is because it was reasonable for her to appeal to the Planning Inspectorate which is the proper authority to consider appeals about TPO decisions.

The complaint

1. Mrs X complained about the Council refusing her application to carry out pruning work to a neighbour’s tree. She says she has been allowed to carry out work in the past but the officers responsible this time declined her application. She says the tree has grown larger and allows birds to foul her washing and garden from overhanging branches.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
3. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:
4.  

• a decision to refuse planning permission
• a decision about approval for work to protected trees
• conditions placed on planning permission
• a planning enforcement notice.

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How I considered this complaint

5. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response. Mrs X has been given an opportunity to comment on a draft copy of my decision.

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What I found

6. Mrs X says an oak tree in her neighbour’s garden overhangs her garden and her washing is frequently soiled by birds in the tree. She applied for permission to carry out pruning work on the protected tree but the Council refused. She says she was allowed to carry out work 10 years ago but this time she could not.
7. The Council says the proposed pruning would not comply with British Standards for such work and could cause damage to the tree. It refused her application and gave details of how to appeal to the Planning Inspectorate if she wishes to challenge the decision.
8. We would not investigate a complaint where it was reasonable to appeal to a government minister. The Planning Inspectorate acts on behalf of a government minister and it was necessary for Mrs X to appeal within 28 days as advised.

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Final decision

9. Subject to any comments Mrs X might make, my view is that we should not exercise discretion investigate this complaint. This is because it was reasonable for her to appeal to the Planning Inspectorate which is the proper authority to consider appeals about TPO decisions.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman