Summary: Mr X complains about the Council’s decision to charge him for a Community Infrastructure Levy payment 4 years after it granted planning permission for new properties. The Ombudsman will not investigate this complaint as we are unlikely to find fault. And it is unlikely that further investigation will lead to a different outcome.

The complaint

1. Mr X complains the Council demanded a Community Infrastructure Levy (CIL) payment 5 years after granting planning permission. He says he is not legally liable for the charge.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault
• it is unlikely we could add to any previous investigation by the Council
• it is unlikely further investigation will lead to a different outcome
• we cannot achieve the outcome someone wants

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How I considered this complaint

3. I considered the information provided by Mr X and the Council. I also considered the guidance on the CIL regulations published by the Department for Housing, Communities and Local Government.
4. Mr X had the opportunity to comment on the draft version of this decision.

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What I found

5. The Community Infrastructure Levy (CIL) is a planning charge introduced by the Planning Act 2008. It allows local authorities in England and Wales to help deliver infrastructure to support to develop their area. It came into force on 6 April 2010 through the Community Infrastructure Levy Regulations 2010.
6. Development may be liable for a charge under the CIL if a local planning authority has chosen to set a charge. Most development which creates net added floor space of 100 square metres or more, or creates a new home, is potentially liable for the levy.
7. Some developments may be eligible for relief or exemption from the CIL. Strict requirements apply about the timing of the exemption and usually a Commencement Notice (form 6) must be served before beginning development for the exemption to apply.
8. A person may appeal against the collecting authority’s calculation of the chargeable amount charge (Regulation 114). The regulations state such an appeal must be made within 60 days of the date the CIL liability notice was issued.

What happened

9. Mr X applied for planning permission to demolish a property and build two new ones in its place for his family to live in.
10. In 2014 the Council issued a CIL liability notice. This asked Mr X whether he considers the development CIL exempt and referred him to relevant government guidance. The letter also encouraged Mr X to contact the Council if they have any questions about CIL liability. Mr X did not contact the Council after it issued the CIL liability notice. The Council also included a CIL question form. Tone of the question son the form was “do you wish to claim self-build CIL exemption for a new home?”. Mr X answered NO. He did not contact the Council for advice or submit any of the required forms.
11. The Council says a site visit in February 2018 revealed the development had started. It also says Mr X has not provided an assumption of liability, commencement notice or self-build exemption form. It therefore issued Mr X with a CIL demand Notice.
12. Mr X says the Council is demanding a CIL charge for self-build properties which he and his family live in. And this means he is not liable for the demand. He also says that he did not put in the self-build exemption form because of his inexperience in planning matters.
13. However, the CIL Regulations are clear. They state that applicants can apply for CIL relief BEFORE commencement of the development. Where this is not followed CIL charge becomes payable.
14. I understand Mr X believes his properties are not liable for CIL and the Council’s demand is unlawful. This is not correct. Strict rules must be followed to claim a self-build exemption. Mr X did not follow the rules. He says this is because of his inexperience. But the information from the Council encouraged him to contact the Council if he had any queries. He chose not to do so. He did not put in a commencement form before development started. Therefore, he is liable for CIL he on his development.

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Final decision

15. I will not investigate this complaint. We are unlikely to find fault in the Council’s actions. Nor would an investigation lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman