Summary: We will not investigate this complaint about the Council’s decision to charge the complainant for a Community Infrastructure Levy. The complainant had a right of appeal if she disagreed with the Council’s calculations.

The complaint

1. Miss X complains for her client Ms Y. She says the Council has wrongly calculated the chargeable area when issuing a Community Infrastructure Levy (CIL) Liability Notice.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is another body better placed to consider this complaint; or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Miss X including the Council’s responses to the complaints.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. A CIL is a planning charge. It allows local 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, is liable for the levy.
6. Some development may be exempt or eligible for relief from the CIL, but there are strict requirements that apply in relation to the exemptions. The person liable for CIL can appeal to the Valuation Office Agency (VOA) if they disagree with the collecting authority’s calculation of the amount charged.
7. Miss X disputes the Council’s calculation of the CIL. Therefore, Ms Y could have appealed to the VOA. We will not normally investigate a matter where someone had the right to appeal.
8. The appeal to the VOA about the Council’s calculations must be made within 60 days of the date of the CIL liability notice. The Council included details on how to appeal with the liability notice. It also provided a link to the appeals process in its final response to Miss X who is professional agent, familiar with planning law. Therefore, I consider it is reasonable to expect Ms Y (or Miss X on her behalf) to have exercised the right of appeal.

Back to top

Final decision

9. I will not investigate this complaint. The complainant could have appealed to the VOA if she disagreed with the Council’s calculation of the CIL.

Back to top

Investigator's decision on behalf of the Ombudsman