Woking Borough Council (20 011 405)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 09 Mar 2021
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a high hedge because the complainant appealed to the Planning Inspector.
The complaint
- The complainant, whom I refer to as Mrs X, complains the Council has only ordered her neighbour to reduce the height of a hedge to nine metres.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
- The Planning Inspector, acting on behalf of a government minister, considers appeals about high hedges.
How I considered this complaint
- I read the complaint and considered some information from the Council. I invited Mrs X to comment on a draft of this decision.
What I found
What happened
- Mrs X complained to the Council about her neighbour’s high hedge. The Council served a notice on the neighbour requiring her to cut one hedge to no less than nine metres and the other hedge to no less than 10.5 metres.
- Mrs X appealed to the Planning Inspector because she thought the hedges should be cut to a lower height. The Planning Inspector upheld the appeal. The Inspector said one hedge should be cut to no less than six metres and the other to nine metres.
- The Council is in process of taking action to ensure the neighbour complies with the notice.
- Mrs X remains of the view that the height of the hedges should be further reduced.
Assessment
- I cannot start an investigation because Mrs X appealed to the Planning Inspector. The law says we cannot investigate any matter that has been considered by the Planning Inspector. The Planning Inspector decided the height to which the hedges should be reduced and we cannot question or change that decision.
Final decision
- I cannot start an investigation because Mrs X appealed to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman