Summary: We will not exercise discretion to investigate this complaint about the Council’s restrictions on work which Mrs X is permitted to carry out on protected trees on her land. It was reasonable for her to appeal against the Council’s decision to the Secretary of State who is represented by the Planning Inspectorate.

The complaint

1. Mrs X complained about the Council’s decision to limit the amount of work she may carry out to TPO protected trees on her land. She says this is insufficient to prevent debris and branches from falling on her property in future and that her insurers and independent arboricultural professionals support her view.

Back to top

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. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about Tree preservation orders and applications.

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mrs X says the Council has limited the amount of work which she can carry out on trees on her land. She says she took advice from her insurance company and two independent arboriculturalists who advised what pruning should be carried out. The Council inspected the trees and issued approval for a lesser amount of work in order to preserve the trees’ amenity value and in compliance with British Standards.
7. Mrs X complained because she says the work approved is insufficient to prevent debris and branches from falling on her property and causing future danger. She asked the Council to sign a formal letter accepting any liability for future damage or injury caused by the trees. The Council told her that the trees are on her land and she is liable for them.
8. Where a landowner applies for permission to remove or to carry out works on protected trees and they disagree with the Council’s response they have a right to appeal to the secretary of State who is represented by the Planning Inspectorate under the Town and Country Planning Act 1990.
9. It was reasonable for Mrs X to appeal against the restrictions on the approved works and we will not consider the matter further.

Back to top

Final decision

10. We will not exercise discretion to investigate this complaint about the Council’s restrictions on work which Mrs X is permitted to carry out on protected trees on her land. It was reasonable for her to appeal against the Council’s decision to the Secretary of State who is represented by the Planning Inspectorate.

Back to top

Investigator's decision on behalf of the Ombudsman