Summary: We will not investigate this complaint about the Council’s approval of a landscaping scheme for a development in the village where the complainant lives. We do not consider the complainant has suffered a significant personal injustice which warrants our involvement. Nor can we achieve the outcome he is seeking.

The complaint

1. The complainant, I shall call Mr X, complains the Council has approved a landscaping scheme for a development in the village where he lives.
2. Mr X says :
• The loss of trees and bushes causes him distress as he travels along the road daily when he walks his dog.
• he is shocked at the way the Council has made its decision; and
• concerned with the loss of biodiversity.
3. He wants the Council to provide a grant to the landowner or the parish council to plant replacement trees.

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The Ombudsman’s role and powers

4. 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:

• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I understand Mr X is concerned about the Council’s decision to approve the landscaping scheme and the loss of some trees and vegetation.
8. However, the Council confirms a tree officer has visited the site. They are satisfied there is extensive tree coverage to the south side of the site and north of the main road. The woodland (which I understand is privately owned), appears to be in reasonable health.
9. While Mr X is distressed and shocked at the changes to the trees and woodland along the side of the road, I do not consider this to be such a significant injustice as to justify an Ombudsman investigation.
10. Also, Mr X wants the Council to provide a grant to the landowner or parish council to pay for replacement trees. We cannot instruct the Council to give public money to a private landowner to plant trees on private land. Nor can the parish council plant trees on privately owned land without permission. Therefore, we cannot achieve the outcome sought.

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Final decision

11. We will not investigate Mr X’s complaint because we do not consider he has suffered a significant personal injustice. Nor can we achieve the outcome he is seeking.

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Investigator's decision on behalf of the Ombudsman