PURPOSE/REASON

1. Following the report of the Local Government Ombudsman on 19 March 2003 into complaint no 01/B/15370 against the Isle of Wight Council, the Ombudsman found that injustice had been caused by maladministration on the part of the Council. Because of this, the Council is bound to consider the report, and tell the Ombudsman the action which it has taken or proposes to take as a result. This report identifies those actions.

DETAILS OF THE APPLICATION/ORDER

2. The complaint refers to Tree Preservation Orders at ‘Timber’, Undercliff Drive, St Lawrence, Ventnor. This is a summary of the TPOs which have been made on the site:

· The County of the Isle of Wight (Urban District of Ventnor) Tree Preservation Order, 1954 (1 of 3 Area orders made over large parts of Undercliff)

· TPO / 2001 / 17 (19 individual trees). Made 19.6.01. Not confirmed. Superseded.

· TPO / 2001 / 26 (Area order, made 13.07.01 not confirmed and now expired)

· TPO / 2002 / 7 (Woodland Order on north part of site) Made 11.06.02 Not confirmed. Superseded.

· TPO / 2002 / 23 (30 trees and 1 group) Made 11.09.02, confirmed 12.12.02.

· TPO / 2003 / 6 (Area order) Provisionally made 16.04.03 and for consideration for confirmation at Committee provisionally on 31.7.03.

LOCATION AND SITE CHARACTERISTICS

3. The site is a domestic dwelling-house and curtilage situated on Undercliff Drive, St Lawrence. It has extensive gardens on a slope, and adjoins two other neighbouring properties to the east and west. The property also includes a part of the inner cliff itself, which is partially wooded. A plan is attached as Appendix B.

RELEVANT HISTORY

4. Factual

On 19 March 2003 the Local Government Ombudsman published a report into his investigation of the matter at Timber. The summary of this report, published on the Local Government Ombudsman website, is as follows:

‘Mr and Mrs Harold’ (not their real names) raised concerns with the Council that their neighbour had damaged trees which they understood to be subject of a tree preservation order (TPO). The Council had not recently updated the relevant TPO and this limited its ability to take action. The Council did not make adequate records of conditions on site which made it difficult for it to determine the nature and extent of any damage which may have occurred subsequently. The Council did not properly follow its own procedure for assessing the need for further protection of trees on the site. The Council did not respond to later complaints of damage and, when additional TPOs were confirmed, some were not applied promptly, leaving trees unprotected for a further period.

The Ombudsman found maladministration causing injustice and recommends that the Council should:

· ensure that all TPOs relevant to the site in question were now accurate and enforceable;

· ensure that all future complaints of damage at the site in question were investigated promptly and in accordance with the Council’s procedures;

· identify a date before which the existing TPOs should be reviewed, and a timescale within which any necessary revisions would be completed;

· take urgent action to protect the woodland area excluded in error from one particular TPO, and to protect a particular tree excluded in error from a second TPO;

· pay Mr and Mrs Harold £750; and

· review its procedures to ensure that, as far as possible, the maladministration identified would not recur.

4A. Response of the Council

The Senior Countryside Officer has considered the report and taken action on all the points summarised above. The complaint refers to a particular period in 2001, and since that time, there have been very significant changes in the way the Council manages all its Tree Preservation Orders and enforcement procedures. In fact, many of the remedies required to address the Ombudsman’s findings were put in place before the report was made. Appendix A includes a full report showing the actions taken and proposed, itemised by the points in the Ombudsman’s report.

5. Committee History

The Committee has made decisions concerning all the TPOs at Timber from 2001 onwards, as listed in paragraph 2. In particular, the Committee made a site visit to Timber in connection with the confirmation of TPO2001/17 on 23 November 2001.

COUNCIL POLICY

6. Council policy is in accordance with the Town and Country Planning Act 1990 and in particular the Town and Country Planning (Trees) Regulations 1999.

FORMAL CONSULTATION

7. Fire

None required.

8. Police

None required.

9. Relevant Council Departments

Officers from the Countryside section have liased with colleagues in DC Enforcement and Legal Services.

10. Parish and Town Councils

Ventnor Town Council has received copies of relevant correspondence concerning this site.

11. Local Member

The local Member Cllr Mr Bartlett has liased with the Countryside Section and received copies of relevant correspondence concerning this site.

THIRD PARTY REPRESENTATIONS

12. Objectors

Not applicable to this paper.

13. Supporters

Not applicable to this paper.

FINANCIAL IMPLICATIONS

14. See body of report.

LEGAL IMPLICATIONS

15. The Council is bound to consider the report of the Ombudsman before a Council Committee. This report comprises that consideration.

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

16. Not applicable to this paper.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

17. Not applicable to this paper.

OPTIONS

Option 1: That the Committee accepts the report of the Ombudsman, and ratifies the response as presented (recommended).

Option 2: That the Committee accepts the report of the Ombudsman, and ratifies the response with modifications.

Option 3: That the Committee rejects the report of the Ombudsman.

EVALUATION/RISK MANAGEMENT

18. Not applicable to this paper.

RECOMMENDATIONS

That the Committee accepts the report of the Ombudsman, and ratifies the response as presented (recommended).

19.

APPENDICES ATTACHED

20. Appendix A: Detailed response of the Senior Countryside Officer.

Appendix B: Site plan.

BACKGROUND PAPERS

21. Report on an Investigation into Complaint No 01/B/15370 against Isle of Wight Council, 19 March 2003: The Commission for Local Administration in England. Available from Countryside Section, Seaclose.

Contact Point : Matthew Chatfield, F 823892

Andrew Ashcroft

HEAD OF PLANNING SERVICES

REPORT OF THE HEAD OF PLANNING SERVICES