Summary: We will not investigate this complaint about the Council’s implementation of a Community Infrastructure Levy because there is a right of appeal to a Planning Inspector.

The complaint

1. Mr X complains that the Council’s failures in the Community Infrastructure Levy process have led to an increase in the amount of Community Infrastructure Levy payable.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says that the Council gave wrong advice, delayed communications and failed to respond to enquiries about the construction of his building. He says that, as a result of this, his Community Infrastructure Levy has increased by £5,000.
7. The law provides a right of appeal to a Planning Inspector against decisions relating to the Community Infrastructure Levy. The Planning Inspectorate is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

8. We will not investigate Mr X’s complaint because there is a right of appeal to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman