The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the council processed an application to cut down protected trees. The complainant has appealed to the Planning Inspectorate; therefore the complaint is outside our jurisdiction. Also, I consider it is not a good use of our resources to consider a complaint about the Council’s communications when we are not investigating the substantive issue.
The complaint
Mr X complains about the way the Council process his application to cut down trees subject to Tree Preservation Orders.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended) The Planning Inspector acts on behalf of the responsible Government minister.
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Mr X’s concerns about the way the Council processed his planning application leading to its decision to refuse his application to fell protected trees near his home. He has appealed to the Planning Inspectorate against the decision; therefore the complaint is outside our jurisdiction.
I consider any concerns Mr X had about the Council’s communications with him during the planning application process could reasonably have been raised in his appeal. Further, I do not consider it proportionate to investigate the Council’s communications when the substantive matter its outside our jurisdiction.
Final decision
We will not investigate Mr X’s complaint because he has appealed to the Planning Inspectorate. The matter is therefore outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman