Walsall Metropolitan Borough Council (26 010 793)
Category : Environment and regulation > Trees
Decision : Closed after initial enquiries
Decision date : 21 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delays in the Council considering Mr X’s planning application. It would be reasonable to expect Mr X to use his right of appeal to the Planning Inspector.
The complaint
- Mr X complained about delays in the Council considering his planning application. Mr X applied for permission to carry out works on a protected tree.
- Mr X said the matter caused distress and the tree poses a risk to neighbouring properties.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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), as amended)
- 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.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X said he submitted a planning application in September 2025 to seek permission to carry out works on a protected tree.
- Mr X complained to the Ombudsman in July 2026 and said the Council had not responded to his application.
- Mr X has a right of appeal to the Planning Inspector here, because the Council have taken longer than eight weeks to decide on his application. As outlined in paragraph seven, we cannot usually investigate where a person has a right of appeal to a government minister.
- It would be reasonable to expect Mr X to use this right because it is set out in law and the Planning Inspector has powers to decide the application.
- For this reason, we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because it would be reasonable to expect him to use his right of appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman