Summary: We will not investigate this complaint about Community Infrastructure Levy charges made by the Council. This is because Mr X has a right of appeal to the Valuation Office Agency and it would be reasonable to expect him to do exercise that right.

The complaint

1. Mr X complains there were delays by the Council dealing with planning applications which meant he became liable to pay Community Infrastructure Levy (CIL) payments. Mr X says that the Council said he had to pay CIL even though the plots were “self build” and should be exempt.
2. Mr X says the Council’s actions have had a negative impact on his business.

Back to top

The Ombudsman’s role and powers

3. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Valuation Office Agency (VOA) deals with appeals against CIL charges. This includes appeals about exemptions for “self build” properties as well as the Council’s calculation of the chargeable amount.
7. This is the body set up by parliament to consider these matters and there is no reason why Mr X cannot appeal to the VOA if he is unhappy with the Council’s decisions. Therefore we will not investigate this complaint.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because he can appeal to the Valuation Office Agency and it would be reasonable to expect him to do so.

Back to top

Investigator's decision on behalf of the Ombudsman