Summary: We cannot investigate this complaint about a high hedge remedial notice. Mr X exercised his right of appeal against the notice to the Planning Inspectorate which is the proper body to consider these matters.

The complaint

1. Mr X complained about the Council’s refusal to implement terms of a remedial notice on a neighbour’s hedge which was confirmed in 2007. He says the hedge exceeds the height specified in the notice and should be cut lower.

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The Ombudsman’s role and powers

2. 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))
3. 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)
4. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says the Council has failed to implement a remedial notice which it created in 2007 following his complaint about the height of a neighbour’s hedge. He appealed the notice conditions to the Planning Inspectorate when it was served in 2007 but his appeal was not upheld.
8. In 2015 he says he became aware that the neighbour had breached the notice conditions and had a private survey carried out in 2019 which he says confirmed this. He appealed to the Planning Inspectorate again in 2020 but the authority told him that it does not consider cases older than 12 months.
9. We cannot consider complaints about matters which carry a right of appeal to a government minister and the complainant has exercised that right. The rejection of his appeal is the Planning Inspectorate’s decision, and this is not a matter which we can investigate.

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Final decision

10. We cannot investigate this complaint about a high hedge remedial notice. Mr X exercised his right of appeal against the notice to the Planning Inspectorate which is the proper body to consider these matters.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman