Summary: We will not investigate Mrs X’s complaint about Community Infrastructure Levy (CIL) liability and charges made by the Council. This is because it is reasonable for the complainant to use their rights of appeal to the Planning Inspectorate and Valuation Office Agency.

The complaint

1. Mrs X complains the Council failed to notify her of Community Infrastructure Levy (CIL) liability and charges when planning permission was granted to refurbish and extend a property in 2019. She says she only discovered the liability for CIL when she went to sell the property. Mrs X says the Council has ignored her lawyer’s appeal against the CIL charge. She has since paid the CIL charge to avoid accruing further interest and has incurred legal costs raising concerns with the Council via her lawyer. Mrs X wants us to investigate and encourage the Council to refund the CIL charge.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

4. A Community Infrastructure Levy (CIL) is a planning charge that allows local planning authorities to deliver infrastructure to support and develop the area. Most development which creates net added floorspace of 100 square metres or more, or creates a new home, will be liable to pay CIL. Some developments may be exempt or eligible for relief.
5. CIL charges are subject to statutory rights of appeal with the Planning Inspectorate and the 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.
6. I consider it reasonable for Mrs X to use her rights of appeal to the Planning Inspectorate and Valuation Office Agency if she disagrees with the Council’s decision about CIL liability and the amount of CIL charge the Council calculated in respect of this planning matter.

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Final decision

7. We will not investigate Mrs X’s complaint because other bodies are better placed to consider her concerns and we cannot achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman