Summary: We will not investigate this complaint that the Council failed to properly consider wildlife and tree issues when determining a planning application for a residential development. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault in the way the Council determined the application, the injustice to the complainant is not significant enough, and there is another body better placed to consider his concerns.

The complaint

1. The complainant, whom I refer to as Mr X, says his concerns about the impact of a small residential development on wildlife and trees were marginalised and left unaddressed when the Council determined the associated planning application. Mr X takes pleasure from feeding and caring for the wildlife near his home, and says the loss of habitat and trees is distressing.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

3. 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 considered information provided by the complainant and the Council, including their complaint correspondence.
5. I also considered our Assessment Code, and information about the planning application on the Council’s website.

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My assessment

6. I appreciate Mr X is concerned about the impact of the development on the wildlife and trees near his home, and feels his objections and the reports accompanying the application were not properly considered.
7. But the Ombudsman cannot question the professional judgement of officers or the Council’s decision on the application unless there is evidence of fault in the process by which the decision was made. In that regard, it was the Council’s role to balance and weigh the relevant material planning considerations, and decide whether, overall, the proposal was acceptable. I find there is not enough evidence of fault in the way the application was determined to justify us pursuing the complaint further. In reaching that view, I am particularly mindful that:
• The objections from local residents are summarised in the report to the Planning Sub-Committee, including those relating to the impact on trees/vegetation and wildlife/ecology;
• The main body of the report goes on to consider ‘trees and landscaping’ and ‘ecology and biodiversity’;
• Conditions have been imposed on the planning permission which relate to tree protection, the submission of landscaping details, and the provision of bat roosts, bird nest boxes and hedgehog commuting facilities; and,
• The Council has explained to Mr X why a Tree Preservation Order was not considered appropriate for an Ash tree on/near the site.
8. In addition, whilst it is commendable that Mr X is seeking to protect the local environment and wildlife, I am not persuaded that any personal injustice arising from the alleged fault is so significant as to warrant the Ombudsman investigating the complaint.
9. Finally, if Mr X believes the developer’s ground preparation works at the site were contrary to the Wildlife and Countryside Act, then he should contact the Police, which is the enforcing authority for such matters.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council determined the application, the injustice to the complainant is not significant enough, and there is another body better placed to consider his concerns.

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Investigator's decision on behalf of the Ombudsman