Summary: We will not investigate this complaint about the Council’s failure to take action over a hardstanding which Mr X says has damaged his trees. This is a private matter, and it is reasonable for Mr X to seek a remedy by way of the courts.

The complaint

1. Mr X complained about the Council failing to take action over a hardstanding for a caravan in his neighbour’s garden. He says that he has recently noticed that trees in his garden are dying because the roots must have been severed by the neighbour’s works.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his neighbour created a hardstanding in 2008/9 which he placed a caravan on. Mr X says he complained to the Council about the works, but it did not take enforcement action because it said they were permitted development. He complained to us about run-off from the caravan onto his property in 2017 but we conclude this was not due to fault by the Council.
6. In 2021 he noticed that some tress in his garden close to the boundary with the caravan were dying. He believes this is because the neighbour may have cut away roots when he carried out the footings for the hardstanding nearby. Mr X complained to the Council. Its enforcement officer visited but told him that there were no planning breaches and any damage to his trees was a private matter. The trees to not have preservation orders so there was no public interest in the matter.
7. Mr X says the Council should not have approved the works. As these took place over 12 years ago we did not consider the matter in his 2017 complaint when he raised it. This is a civil matter and Mr X would have to seek evidence that the neighbour cut the roots away and that this is the reason why the trees appear to be dying. If he can prove this is the case, then it would be reasonable for him to seek a remedy against his neighbour in the courts. Legal torts of negligence cannot be resolved by the Ombudsman and the courts are best placed to do this.

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Final decision

8. We will not investigate this complaint about the Council’s failure to take action over a hardstanding which Mr X says has damaged his trees. This is a private matter, and it is reasonable for Mr X to seek a remedy by way of the courts.

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Investigator's decision on behalf of the Ombudsman