Summary: We will not investigate Mrs X’s complaint about the Council refusing a neighbour permission to fell or do works on a tree which is protected by a tree preservation order. We cannot achieve what Mrs X wants. Such a dispute is better decided by an appeal to the planning inspector.

The complaint

1. Mrs X complains the Council has refused permission to fell a neighbour’s tree and/or reduce the height of the tree which is subject to a tree preservation order. Mrs X says she has supported the neighbour when he has applied to the Council for works on the tree but the Council does not listen. Mrs X says the tree is very large and causes anxiety due to possible damage to her property, leaf fall, and overshadowing.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this matter/complaint.

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

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How I considered this complaint

3. I have considered Mrs X’s information and comments and discussed the complaint with her by telephone. I have considered information on the Council’s planning website. This includes the planning inspector’s decision on the tree dated February 2020.

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My assessment

4. I will not investigate Mrs X’s complaint for the following reasons:
5. The Ombudsman cannot achieve what Mrs X wants and it is not our role to decide such a dispute:
6. Last year, the planning inspector upheld the Council’s position by refusing the neighbour’s appeal against the Council’s refusal to grant permission to fell the tree. The inspector found removal of the tree would harm the character and appearance of the area. There was no justification to remove the tree considering the lack of evidence of damage and overshadowing. The inspector noted the Council had given permission to thin the crown of the tree.
7. In May 2021, the Council refused the neighbour’s application to reduce the height of the tree and thin the crown of the tree. It notified him of the right to appeal to the planning inspector. The officer report also says the Council will reassess the position in 2022/23.
8. Mrs X could apply to the Council for works to the tree and provide any evidence of harm to her property or amenity. If the application was refused she would have a right of appeal to the planning inspector. It is reasonable for her to apply to the Council if she wants to pursue the matter. The planning inspector is independent of the Council and has the power to provide what Mrs X wants.

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Final decision

9. The Ombudsman will not investigate Mrs X’s complaint about the Council refusing a neighbour permission to fell or do works on a tree which is protected by a tree preservation order. We cannot achieve what Mrs X wants. Such a dispute is better decided by an appeal to the planning inspector.

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Investigator's decision on behalf of the Ombudsman