Epping Forest District Council (21 003 239)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 09 Aug 2021
The Ombudsman's final decision:
Summary: Mr X complains about lack of planning enforcement action by the Council. We will not investigate this complaint because there is no evidence of fault by the Council.
The complaint
- Mr X complains about lack of enforcement action by the Council.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant has had an opportunity to comment on my draft decision.
My assessment
- A series of dwellings were built behind Mr X’s property following planning permission granted in 2017. The planning permission had a condition which required that the developer replace any trees (that screened the development from Mr X’s house) which had been removed.
- The developer removed the trees in 2020 after obtaining a report which concluded that the trees were damaged. The developer has agreed to replace the trees.
- Mr X argues that the trees were damaged either deliberately or through negligence by the developer.
- The Council points out that the planning condition did not forbid the developer from removing the trees (only that they be replaced). The trees were not protected so there was no other enforcement action the Council could take.
- I am satisfied that there is no evidence of fault by the Council. There was no law protecting the trees and the developer was only ever obliged to replace trees (whatever the cause of their demise).
Final decision
- I do not intend to investigate this complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman