The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to prevent the removal of protected trees in 2013. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X says he has been complaining for ten years about the Council permitting the removal of protected trees in a planning approval of 2013 when it had previously refused a specific application to remove them in 2012.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council refused an application to remove trees protected by TPO Tree Preservation Orders) orders in 2012. In 2013 a developer submitted a planning application to develop the site on which the trees were located. The plans involved the removal of some of the protected trees and an independent assessment of the tree works was provided on request by the developer. Although objections were received the planning committee approved the development in 2012.
Mr X believes the Council failed to protect the trees which it had refused permission to remove in the previous year. The Council told him that the 2012 TPO application was refused because the trees provided an amenity and no justification for the works had been given. In the planning application the amenity of the trees was a material consideration taken into account with other planning considerations.
Mr X believes that the Council should have notified residents about the implications for the trees as it had done with the 2012 application. Because the trees formed part of a planning development no separate notification is required. The planning process includes the consideration of TPO’s and the residents were notified of the application, to which several objected. It was reasonable for Mr X to raise any objections about the trees at the time.
We will not investigate Mr X’s complaint which was received several years outside the normal 12-month period for investigating complaints. I have seen no evidence to suggest that Mr X could not have complained to us sooner
Final decision
We will not exercise discretion to investigate this complaint about the Council’s failure to prevent the removal of protected trees in 2013. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman