Summary: We will not investigate this late complaint about Community Infrastructure Levy (CIL) charges made by the Council. This is because it would have reasonable for the complainant to have used their right of appeal to the Valuation Office Agency.

The complaint

1. Miss X has complained about the amount the Council has charged her in Community Infrastructure Levy (CIL). She says her architect calculated the charge at a significantly lower amount and the Council failed to respond when they queried this.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. A Community Infrastructure Levy (CIL) is a planning charge that allows local planning 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, will be liable to pay CIL. Some developments may be exempt or eligible for relief.
6. CIL charges are subject to statutory rights of appeal with the Planning Inspectorate and the Valuation Office Agency. The Planning Inspectorate deals with appeals relating to liability for CIL and the Valuation Office Agency deals with appeals about the amount of CIL due to be paid.
7. The Council gave consent for Miss X’s planning application in late 2021. It issued the liability notice to Miss X at the same time as issuing its planning decision. The notice detailed the amount of CIL payable, rights of appeal and the time limits involved, including in cases where the Council has not responded to a review request within 14 days.
8. I consider it reasonable for Miss X to have then used her right of appeal to the Valuation Office Agency if she disagreed with the amount the Council had calculated she should pay in CIL and did not receive a response to her architect’s review request.
9. I am also satisfied that a complaint could have been made to this office within 12 months of the liability notice being issued. This complaint is therefore late and out of jurisdiction.

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Final decision

10. We will not investigate Miss X’s complaint because it is out of time and it would have been reasonable for her to have used her right of appeal to the Valuation Office Agency.

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Investigator's decision on behalf of the Ombudsman