Cheshire East Council (22 012 438)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about liability for a Community Infrastructure Levy (CIL) because he appealed against the notice to the Valuation Office Agency.
The complaint
- Mr X says that he was not properly told of his right of appeal against a CIL placed upon his property.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a government minister. The valuation Office acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that he built his own house in 2020 (for which he was granted self build relief) and moved into the house in July 2021. He says that he built a garage onto the house believing it was Permitted Development and did not therefore need planning permission. He then submitted a retrospective planning application (which was granted). However, in doing so the property became liable for a CIL of 38,000 pounds.
- Mr X was issued a notice of this in September 2022 and this referred to his right of appeal. He appealed but says that his appeal was rejected.
- I am satisfied that he was properly notified of his right of appeal and this was exercised. Whilst I understand Mr X’s frustration at the situation he faces, he exercised his right of appeal and as such his complaint is out of jurisdiction.
Final decision
- We will not investigate Mr X’s complaint because he appealed against the decision to a Government Minister.
Investigator's decision on behalf of the Ombudsman