Summary: We will not investigate this complaint about the Council’s decision to issue a Community Infrastructure Levy Demand Notice. The complainant has appealed to the Planning Inspector against the Demand Notice which takes the matter outside our jurisdiction.

The complaint

1. Mr X complains the Council is demanding a retrospective Community Infrastructure Levy (CIL) payment based on a technicality.
2. He appealed against the Council’s first CIL Demand Notice to the Planning Inspectorate, which dismissed the appeal. The Council has since withdrawn the original demand and issued a new one. Mr X has appealed against the latest notice.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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
• A decision to serve a CIL Demand Notice.

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How I considered this complaint

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

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My assessment

8. We cannot investigate the CIL liability issue. This is because Mr X has used his right of appeal to the Planning Inspectorate to dispute the Council’s CIL Demand Notice and his liability to pay it. We cannot investigate a complaint where someone has appealed the matter complained of to the Inspectorate as the appeal takes it outside our jurisdiction.

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Final decision

9. We will not investigate Mr X’s complaint because his appeal to the Planning Inspectorate takes the matter outside our jurisdiction

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Investigator's decision on behalf of the Ombudsman