Summary: We will not investigate this complaint about a planning application the complainant believes will result in damage to a protected tree. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of fault in how the Council granted planning permission.

The complaint

1. Mr B says the Council did not consider the effect of proposed development on a protected tree in his garden.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and information on the Council’s website. I also considered our Assessment Code.

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Final decision

6. We will not investigate Mr B’s complaint because there is nothing to suggest fault in how the Council granted planning permission. It was clearly aware of the tree in his garden and took account of it in its decision making. Further, any damage to the tree would be a private matter between Mr B and whoever he believed had caused it.

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Investigator's decision on behalf of the Ombudsman