Summary: We will not investigate this complaint about the Council’s handling of an application for planning permission next door to Mr X. This is because there is not enough evidence of fault affecting the Council’s decision.

The complaint

1. Mr X says the Council failed to take into account the impact of trees specified in an approved planning application, which he says will cause loss of light to his property. He is also concerned trees will overhang his boundary and could cause harm to his dogs. Mr X says the tree roots could cause damage in the future and may affect the value of his home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Council and documents available on the Council’s planning portal.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. When determining applications for planning permission councils can only consider relevant issues; these are known as material planning considerations. Councils must also take into account what could be done without planning permission; this is known as the ‘fallback’ position.
6. Homeowners do not need planning permission to plant trees. So while Mr X is unhappy the Council has granted permission for development which includes several trees along the boundary with his property, the trees themselves could not have been used as a reason to refuse the application.
7. The evidence shows the Council considered relevant material considerations and there is not enough evidence of fault in the way it reached its decision to warrant further investigation. We also cannot achieve the outcome Mr X wants, which is to stop the applicant from planting the trees along the boundary with his property.
8. If in the future the trees overhang Mr X’s property, cause damage to it or block light to his home, Mr X may wish to seek legal advice; these issues are private civil matters between neighbours and are not part of the planning process.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council affecting its decision.

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Investigator's decision on behalf of the Ombudsman