Summary: We will not investigate this complaint about the Council’s enforcement of a Community Infrastructure Levy. This is because it is late.

The complaint

1. Mr X complains the Council unfairly and disproportionately charged him a Community Infrastructure Levy (CIL).
2. He says the Council’s actions have affected his mental health and would like it to cancel the CIL.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X is unhappy the Council applied a CIL to Mr X’s property. However, I consider Mr X’s complaint about this matter late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X knew about the CIL more than 12 months ago as the Council sent him a demand notice in November 2024. Mr X could have complained to the Ombudsman sooner.
10. CIL charges are also subject to statutory rights of appeal with the Planning Inspectorate and Valuation Office Agency. Mr X could have appealed to the Valuation Office Agency if he disputed liability for or calculation of the CIL. There is also the right to appeal to the Planning Inspector in certain circumstances. This includes where someone disagrees with the decision to impose a surcharge.
11. Mr X used his right to appeal to the Planning Inspectorate and received a decision. The restrictions in paragraph four therefore also prevent us from investigating this part of his complaint.

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Final decision

12. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman