Council told to apologise over complaint

A man, known only as Mr B, complained that the council failed to take action in response to unauthorised works to remove trees and create an access road in a woodland near to his home.

He told the local government and social care ombudsman that the loss of habitat has had “an adverse impact on the ecology of the area” and the amenity of his home.

The Ombudsman found that while there was fault in the council’s handling of Mr B’s complaint, there was no fault in the council’s planning enforcement investigation.

The ombudsman said: “Mr B lives in a rural location in an area of outstanding natural beauty.

“In early 2018 Mr B noticed that a neighbour was undertaking works which appeared to be the creation of a new access road. This involved excavation and removal of trees. He emailed various officers at the council and his local councillor about it.

“Mr B was dissatisfied with the response he had from the council so on April 26 he emailed the customer feedback team and asked for it to be formally considered as a complaint and to be given a complaint reference number.

“An officer replied giving him a reference number.

“In June Mr B complained to the Ombudsman.

“The council told us that it had not received the complaint so it had not been formally considered.

“We referred the complaint back to the council for it to consider. The council replied to Mr B at stage one of its complaints procedure. It said that it had been in touch with the neighbours who knew they needed to submit a planning application but that it was not expedient to take planning enforcement action.

“Mr B was not happy with the response and asked for the complaint to be considered at the next stage. The council sent its final response in November saying it considered the response he had already received was satisfactory.”

It added: “The council investigated what was happening on the site properly.

“An officer visited and communicated with the owners. But Mr B does not recall receiving the March letter explaining the council’s position and outcome of its investigation. I cannot say what happened here.

“But the council has a copy of the email sending the letter so I accept the council did send it, even if Mr B did not receive it.

“There was no fault by the council in how it conducted the enforcement investigation.

“The council has accepted there was some confusion in the complaint handling but the incorrect advice to us that the complaint was premature meant that our consideration of the complaint has been delayed by four months.

“The council will, within a month of the decision, apologise to Mr B for the failings in its handling of his complaint.”