Summary: We will not investigate Mr X’s complaint about a community infrastructure levy as it is reasonable to expect him to use the right of appeals to the Planning Inspectorate and the Valuation Office Agency.

The complaint

1. Mr X says he disputes a the Council community infrastructure levy (CIL) imposed on a property.

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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), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X says his now deceased wife got planning permission to build a home. Following her death in 2020, the Council told Mr X he owes a CIL of over £50000 for the planning permission. Mr X says he first heard of this in 2024.
7. The CIL is a surcharge that councils can impose on new development in their areas. The surcharge only applies if the Council has a CIL policy, with details and rates on how the charge will be applied. Most new development that creates additional floor space of 100 square metres or more is likely to be liable for a charge.
8. Some developments may be eligible for relief or exemptions from the levy. Exemptions include developments built by ‘self-builders’.
9. It is possible to appeal against CIL charges, if:
• The claimed breach which led to the charge did not happen;
• The Council did not serve the CIL liability notice in relation to the development; and
• The charge has been calculated incorrectly.
10. CIL charges are subject to statutory rights of appeal with the Planning Inspectorate and Valuation Office Agency. The Planning Inspectorate deals with appeals relating to liability for CIL and the Valuation Office Agency deals with appeals about the amount of CIL due to be paid.
11. It is reasonable to expect Mr X to use these appeals.

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Final decision

12. We will not investigate Mr X’s complaint because he has a right of appeal to the Planning Inspectorate and the Valuation Office Agency.

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Investigator's decision on behalf of the Ombudsman