Summary: Mr X complains about the way the Council dealt with his planning application which included a Community Infrastructure Levy (CIL). The Ombudsman will not investigate this complaint because the matter is out of time.

The complaint

1. Mr X complains about the way the Council dealt with his planning application which included a Community Infrastructure levy (CIL).

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered the complainant's and Council's comments. The complainant has commented on the draft decision.

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What I found

4. Mr X obtained planning permission in August 2015 for a development of houses. The Council says that the planning permission stated that a CIL would be payable and no exemption was sought (as a Self Builder for example).
5. The Council issued two demands for the CIL payment to Mr X in October 2017 and January 2018.
6. I see no reason why a complaint about the CIL demand could not have been made within either 12 months of the planning permission or the first demand for payment. The complaint is therefore out of time and out of jurisdiction.

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Final decision

7. The Ombudsman will not investigate this complaint because the matter is out of time.

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Investigator's decision on behalf of the Ombudsman