Summary: The Ombudsman cannot investigate Mr X’s complaint about the Parish Council’s objections to his planning application, lodged with the District Council. He has no jurisdiction to investigate complaints about parish councils. The Ombudsman will not investigate Mr X’s complaints about his ongoing planning application with the District Council. If he disagrees with that Council’s planning decision, he will have a right of appeal to the Planning Inspectorate, which it would be reasonable for him to use.

The complaint

1. Mr X lives in a village with his family. He has done work to his property and is now seeking retrospective planning permission for the development from the District Council. As part of the planning process, the local Parish Council submitted its objections to his application.
2. Mr X complains:
1. the Parish Council has objected to his planning application in a racist way, to support one of his neighbours who Mr X says is also racist;
2. the District Council has failed to find that the Parish Council’s planning objections were racist;
3. the District Council has granted other similar planning permissions in the area but not his.
3. Mr X says the situation has caused stress and depression for him and his family. He considers nobody is listening to him because of his race.
4. Mr X wants an independent body to resolve the matter. He also wants the Parish Council to admit to their racist views, and give clear, real and honest reasons why they keep objecting to his planning applications.

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The Ombudsman’s role and powers

5. We cannot investigate the actions of parish councils. (Local Government Act 1974, sections 25 and 34A, as amended)
6. 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))
7. The Planning Inspectorate (PINS) acts on behalf of the responsible Government minister. The PINS considers appeals about:

• delay – usually over eight weeks – by an authority in deciding an application for planning permission
• a decision to refuse planning permission
• conditions placed on planning permission
• a planning enforcement notice.

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How I considered this complaint

8. As part of my assessment I have:
• considered the complaint and the documents provided by Mr X;
• issued a draft decision, inviting Mr X to reply.

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What I found

9. The main part of Mr X’s complaint is about the Parish Council’s comments on his retrospective planning application. The Ombudsman does not have any powers to investigate a complaint about a parish council. That limitation on his jurisdiction applies here and he cannot investigate.
10. The further concerns Mr X raises are about the actions of the District Council during the planning application process. That application is ongoing and has not yet been determined. It is the role of the District Council, as the local planning authority, to make its planning decision on Mr X’s application in due course. The Ombudsman cannot intervene in that planning process.
11. Once the District Council has made its decision, if Mr X disagrees with it, as the planning applicant he will have a right of appeal to the PINS. The PINS appeal gives Mr X the formal right of appeal if the District Council refuses him planning permission, imposes a condition he does not agree with, or pursues enforcement action against him.
12. If Mr X believes the District Council has taken into account any issues which are not material planning ones when determining his application, such as the race or ethnicity of him and his family, he may raise that within his appeal to the PINS. The appeal would require the PINS to look at the matter afresh, so would provide the independent consideration of his application that Mr X seeks. So I consider it would not be unreasonable for Mr X to use his future PINS appeal rights.

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Final decision

13. My decision is the Ombudsman:
• cannot investigate Mr X’s complaint about the Parish Council because parish councils are outside the Ombudsman’s jurisdiction;
• will not investigate Mr X’s complaints about the District Council because Mr X will have rights of appeal to the PINS if he disagrees with that Council’s decision on his application.

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Investigator's decision on behalf of the Ombudsman