Summary: Mr X complains about the Council’s grant of planning permission and the enforcement of that planning permission. We will not investigate this complaint because the planning permission is out of time and there is no evidence of fault in the way the Council considered enforcement action.

The complaint

1. Mr X complains about the Council’s grant of planning permission and the enforcement of that planning permission.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

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What I found

5. Mr X is unhappy about the state of trees at the back of his garden. He says that the trees are unsafe and need removing or pruning.
6. The Council considered a planning application for development on the neighbouring land in 2018 to which Mr X objected. The Council granted planning permission subject to a condition relating to the protection of existing trees.
7. The complaint about the planning permission is late and I see no reason to disapply the 12 month rule. We will not therefore investigate the complaint about the planning permission.
8. The Council says that they cannot take enforcement action in relation the planning permission because there is no evidence that the conditions have been breached. There is no condition requiring trees to be removed or pruned.
9. Mr X is unhappy that the Council did not respond to all his correspondence. The Council says that the covid restrictions on office working meant that correspondence had to be by email or telephone. The Council says that they did however write to Mr X in July 2020 with a formal response and by telephone in September.
10. I am satisfied that there is no evidence of any fault in the way the Council considered his request for enforcement action. I am also satisfied that the Council made reasonable efforts to communicate with Mr X despite the covid restrictions in place.
11. Mr X has private legal rights to remove overhanging branches or for damages caused by negligence of a neighbour.

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Final decision

12. I do not intend to investigate this complaint because the planning permission is out of time and there is no evidence of fault by the Council regarding enforcement.
     

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Investigator's decision on behalf of the Ombudsman