Summary: We will not investigate this complaint about the imposition of a Community Infrastructure Levy as there is a right of appeal to a Planning Inspector and the Valuation Office Agency.

The complaint

1. Mr X complains that the Council has sought payment of a Community Infrastructure Levy for work to a property he no longer owns.

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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.

4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Office Agency. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X says that the Council has imposed a Community Infrastructure Levy on him for a property he sold in November 2023. He says he was not responsible for notifying the Council of the work or its commencement.
8. The Council says that, as owner, he was responsible for the application, and notification, of the Community Infrastructure Levy.
9. The law provides that Mr X can appeal to a Planning Inspector against the decision to impose a surcharge or the commencement date of the work.
10. Mr X can also appeal to the Valuation Office Agency about the apportionment of the liability.
11. 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. The Valuation Office Agency is a body out of jurisdiction.

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Final decision

12. We will not investigate Mr X’s complaint because he can appeal to the Planning Inspector and Valuation Office Agency.

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Investigator's decision on behalf of the Ombudsman