Summary: We will not investigate this complaint about a failure to take enforcement action against breaches of planning control and failure to plant a replacement tree. We consider that investigation will not lead to a different outcome.

The complaint

1. The complainant, I shall call Mr X, says the Council has failed to require developers to submit a planning application for building work affecting trees. He says it has also failed to ensure a replacement tree is planted.
2. Mr X wants the Council to demand a retrospective planning application and an investigation into the actions of the Council’s tree officer.

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The Ombudsman’s role and powers

3. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Mr X and the Council and the Ombudsman’s Assessment Code.

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My assessment

5. The Council confirms the work on site is in accordance with planning permission and bases for the new units is permitted development.
6. It also confirms it has served a Tree Replacement Notice on the developer who has confirmed a new tree will be planted within two weeks of the date of this decision.

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Final decision

7. We will not investigate Mr X’s complaint because we do not consider that further investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman