Summary: We will not investigate this complaint about a Community Charge Levy (CIL) because the matter is out of time and could be appealed to a Planning Inspector.

The complaint

1. Mr X complains that the Council told him that he would not have to pay a CIL but then changed their mind.

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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)
3. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
4. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• Delay – usually over eight weeks – by an authority in deciding an application for planning permission
• A decision to refuse planning permission
• Conditions placed on planning permission
• A planning enforcement notice.

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says that he was told in 2018 that he would not have to pay a CIL but the Council then told him he would have to pay. He is now facing a bill including interest on the full amount.
8. The Community Infrastructure Levy (CIL) is a surcharge that councils can impose on new development in their areas. The surcharge only applies if the Council has a CIL policy, with details and rates on how the charge will be applied. Most new development that creates additional floor space of 100 square metres or more is likely to be liable for a charge.
9. Some developments may be eligible for relief or exemptions from the levy. Exemptions include developments built by ‘self-builders’.
10. It is possible to appeal against CIL charges, if:
11. The claimed breach which led to the charge did not happen;
12. The Council did not serve the CIL liability notice in relation to the development; and
13. The charge has been calculated incorrectly.
14. CIL charges are subject to statutory rights of appeal with the Planning Inspectorate and Valuation Office Agency. The Planning Inspectorate deals with appeals relating to liability for CIL and the Valuation Office Agency deals with appeals about the amount of CIL due to be paid.
15. The Council wrote to him in November 2022 stating that there had been correspondence between Mr X and the Council between August 2021 and August 2022 where it was confirmed that the CIL was payable.
16. I am satisfied that Mr X could have made his complaint us within 12 months of the first time the Council told him the CIL was payable. His delay means that the complaint is out of jurisdiction.
17. Further, Mr X may have had a right of appeal to a Planning Inspector against any decision to impose a CIL. I see no reason why such a right of appeal could not have been exercised.
18. For these reasons the complaint will not be investigated

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Final decision

19. We will not investigate Mr X’s complaint because the complaint is out of time and there was a right of appeal to Planning Inspector.

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Investigator's decision on behalf of the Ombudsman