Summary: We will not investigate this complaint that Mr X did not receive a CIL Liability Notice and therefore missed the opportunity to appeal. We are unlikely to find fault in the Council’s actions and further investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, I will call Mr X, says the Council failed to issue a Community Infrastructure Levy (CIL) Notice, so he could not appeal.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. A CIL is a planning charge introduced by the Planning Act 2008. It allows local authorities to deliver infrastructure to support and develop the area. Most development which creates net added floorspace of 100 square metres or more, or creates a new home, is liable for the levy.
6. Some development may be exempt or eligible for relief from the CIL, but there are strict requirements that apply to the exemptions. The person liable for CIL can appeal to the Valuation Office Agency (VOA) if they disagree with the collecting authority’s calculation of the amount charged.
7. The Council has provided a copy of the CIL Liability Notice dated May 2018. This includes details of the right to appeal to the VOA.
8. Mr X says he did not receive the Notice and was not aware of it until 2020 when he received a copy of the entry on the Local Land Charges Register. He says because he did not receive the Notice he could not appeal.
9. The Planning Decision Notice, granting Mr X permission for his development states that under the CIL Regulations a payment is required when the development starts. And that it will issue a separate CIL Liability Notice.
10. The CIL Liability Notice provided by the Council is dated the same day as the Planning Decision Notice. It is reasonable to consider that Mr X was aware that he was liable for CIL. It was for him to enquire of the Council why he had not received the Notice at the time.

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Final decision

11. I will not investigate this complaint. This is because we are unlikely to find fault in the Council’s actions. And further investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman