Summary: We will not investigate this complaint about how the Council dealt with an application to carry out works to a protected tree. This is because the complainant had the right to appeal to the Planning Inspectorate.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his application to remove a tree which is subject to a Tree Preservation Order (TPO). Mr X disagrees with the Council’s decision to refuse the application and says the officer failed to properly consider his concerns or engage with him about the problems with the tree. Mr X has also complained about how the Council dealt with his complaint and says there were delays and it did not respond to his correspondence.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))
4. 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
• conditions placed on planning permission
• a planning enforcement notice.

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X could have appealed to the Planning Inspector if he was unhappy with the Council’s decision to refuse permission to carry out works to the tree. I consider it would have been reasonable for Mr X to have used this appeal right.
8. I understand Mr X says his complaint is not just about the decision to refuse permission. He is also concerned with how the Council dealt with the application. But this matter is related to the decision which could have been appealed. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not provide a remedy for all the claimed injustice.
9. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the main issues complained about, we will not usually use public resources to consider more minor issues such as complaint handling.

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Final decision

10. We will not investigate Mr X’s complaint because it would have been reasonable for him to have used his right of appeal to the Planning Inspector.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman