Summary: We will not investigate Mrs B’s complaint about the Council’s refusal of her applications to do work to a protected tree. This is because it was reasonable for Mrs B to put in an appeal to the Planning Inspector.

The complaint

1. Mrs B complains the Council has wrongly refused her applications to do work to a protected tree on her land.

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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 Act 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), as amended)
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 Mrs B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs B had a right of appeal to the Planning Inspector against the Council’s decisions on her applications to undertake work to this tree.
8. This is the route set out in law to challenge such a decision and I find it was reasonable for Mrs B to put in an appeal.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Mrs B’s complaint because it was reasonable for her to put in an appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman