Summary: We will not investigate this complaint about the Council’s decision not to accept a late request to review a Community Infrastructure Levy charge. We have seen no evidence of fault in the way the Council made its decision.

The complaint

1. Mr X says it is unreasonable for the Council to charge the full Community Infrastructure Levy (CIL) charge on his development. He says the CIL amount will make the cost of his building project unaffordable compared to the properties built.
2. Mr X recognises he has not followed the procedures set out in the CIL Regulations; however, he wants the Council to reduce the CIL amount payable.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X, including his correspondence with the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The CIL is a levy charged on most developments. The levy is calculated at a rate per square metre based on the gross internal size of a development. Some developments may not be liable for the levy. However, the applicant must show, within the required timeframe, that certain conditions are met. This includes confirming if a property has been continuously occupied for six months in the three years leading up to planning permission.
7. The process for the CIL charge is when a planning application is received for a development the Council will send the applicant a form to complete and return. As part of the planning process a report is compiled which will also note whether or not a CIL charge is likely to apply. Once the Council grants planning permission it will issue the owner a liability notice.
8. In this case the Council’s planning officer’s report notes that CIL may be payable on Mr X’s development. The Council confirms it issued a CIL liability notice in December 2021, shortly after granting planning permission.
9. The CIL Regulations state a request to review the amount stated in the liability notice must be made within 28 days of issue. This means Mr X should have asked for a review by the beginning of January 2022. Unfortunately, he did not, and the Council must follow the CIL Regulations as set out by central government.

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Final decision

10. We will not investigate Mr X’s complaint because we have seen no evidence of fault in the way the Council applied the CIL Regulations to his development.

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Investigator's decision on behalf of the Ombudsman