London Borough of Redbridge (21 011 602)

Category : Planning > Other

Decision : Closed after initial enquiries

Decision date : 04 Jan 2022

The Ombudsman's final decision:

Summary: Mr X complains about the way the Council dealt with a Community Charge Levy (CIL). We will not investigate this complaint because the matter has been considered by a Planning Inspector, is out of time, and can be considered by a court.

The complaint

  1. Mr X complains about the way the Council dealt with a Community Charge Levy.

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The Ombudsman’s role and powers

  1. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
  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)
  3. 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)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.
  3. I considered the complainant’s comments on my draft decision.

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My assessment

  1. Mr X appealed to a Planning Inspector about the imposition of a CIL. Following which the Planning Inspector made a decision in 2017. Mr X has since complained about delay in the imposition of the CIL and delay in issuing a Liability notice for the charge.
  2. The Ombudsman cannot investigate any complaint which has been (or could be) considered by a Planning Inspector. Mr X was aware of the delay in 2018 and so I consider that the matter is out of time.
  3. Mr X has also threatened the Council with court action. I consider therefore that any determination as to whether the CIL is enforceable or any extra charges imposed is now a matter for the courts.

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Final decision

  1. I do not intend to investigate this complaint because the matter has been considered by a Planning Inspector, is out of time and can be considered by a court.
     

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Investigator's decision on behalf of the Ombudsman

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