The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with an application to carry out work to a protected tree. This is because the complainant has appealed to the Planning Inspector.
The complaint
Ms X has complained about how the Council dealt with her application to carry out work to a protected tree. Ms X disagrees with the Council’s decision to refuse permission for the work and says she is being penalised for making a mistake when completing the application form. Ms X says she has been caused significant stress by the matter and the Council should reverse its decision to refuse the application.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended) The Planning Inspector considers appeals about: Delay – usually over eight weeks – by an authority in deciding an application for planning permission A decision to refuse planning permission Conditions placed on planning permission A planning enforcement notice.
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Ms X’s complaint about the Council’s decision to refuse her application to carry out work to a protected tree.
This is because she has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right. This is the case even if the appeal will not address all the issues complained about.
Final decision
We will not investigate Ms X’s complaint because she has used her right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman