Source · SPSO (Scottish Public Services Ombudsman)

The Moray Council

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201302526 Sector Local Government Category conservation areas, listed buildings, tree preservation orders Decided 01 July 2014

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Full decision

Summary

Mr C complained to the council's planning enforcement team about tree pruning that had taken place at a property in the conservation area where he lives. The council contacted the person who had had the trees pruned, who then took steps to mitigate this. The council decided that this was satisfactory, and took no further action. Mr C was unhappy as he thought that the council should have taken enforcement action.

We took advice from one of our planning advisers who said that the council's actions in responding to this matter were reasonable. He also said that in a conservation area, while there is a presumption in favour of preserving trees, they are not automatically protected. As we found no evidence of maladministration or service failure by the council, we did not uphold the complaint.

Related reading

View Decision Report 201302526 as a PDF (10.98 KB) Updated: March 13, 2018

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