The Ombudsman's final decision
Summary: We will not investigate this complaint about the process the Council followed when making Tree Preservation Orders. This is because we are unlikely to find fault.
The complaint
The complainant, whom I shall refer to as Mr X, has complained the Council did not follow the correct process when making Tree Preservation Orders (TPO) for trees on land he owns.
The Ombudsman’s role and powers
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Councils can make and then confirm a TPO if it appears expedient in the interests of amenity to do so. In this case, the Council made TPOs for trees on land now owned by Mr X. Mr X says the reason for the TPOs was not related to the amenity value of the trees. Instead, he says the Council’s intention was to prevent future development of the land.
Considerable time has passed since the Council made the TPOs. But it has provided a copy of the information available from the time which shows the tree officer visited the site and assessed the trees and the suitability for TPOs. The Council also notified the relevant people with interest in the land before making the TPOs. As the Council followed the proper process when making the TPOs, it is unlikely I could find fault.
I understand Mr X says the TPOs will make it difficult to develop the land. But Mr X can apply to carry out works to the protected trees and he will have the right to appeal to the Planning Inspectorate if his application is refused.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman