Summary: We will not investigate this complaint about the Authority’s demand for a Community Infrastructure Levy payment. We have not seen any evidence of fault in the Authority’s actions. Further investigation will not lead to a different outcome, and we cannot achieve the outcome the complainant is seeking.

The complaint

1. The complainant, who I shall refer to as Mr X, complains about a demand for payment of the Community Infrastructure Levey (CIL). He says the annexe he built is exempt from CIL. He says the Authority sent him an email addressed to “Dear Sir/Madam” and required a form to be supplied before commencement. The email also said if he did not return the form the Authority will impose a surcharge.
2. Mr X says he ignored the Authority’s emails because he did not believe they applied to him as his build has a CIL exemption.
3. However, because he did not return the commencement notice before starting the build, the Authority has applied a surcharge of £1609.07 with a further £200 added for non-payment.

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The Ombudsman’s role and powers

4. 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 not enough evidence of fault to justify investigating
• further investigation would not lead to a different outcome
• we cannot achieve the outcome someone wants

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

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How I considered this complaint

5. I considered information provided by Mr X and the Authority.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. CIL is a planning charge. It allows local authorities to deliver infrastructure to support and develop the area. Most development which creates net added floor space of 100 square metres or more, or creates a new home, is liable for the levy.
8. Some development may be exempt or eligible for relief from the CIL. There are strict requirements that apply to the exemptions and usually a commencement notice must be served before a development starts for an exemption to apply.
9. Mr X’s annexe qualified for CIL exemption only if he submitted a commencement notice before the build started. Mr X says the wording on the Authority’s email was misleading as it appeared to be a generic email, rather than specific to him.
10. However, the CIL regulations are clear, as is the Authority’s email. CIL relief and exemptions must be applied for before commencement of the development. If no application is made, the CIL charge will be payable. In this case, Mr X did not return the exemption form before commencement. Therefore, the Authority has applied a surcharge according to the CIL Regulations.

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Final decision

11. We will not investigate this complaint about a charge demanded by the Authority. From the information we have seen:
• it is unlikely we will find fault
• it is unlikely that an investigation by the Ombudsman could add to the Authority’s response; and
• we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman