Sandwell Metropolitan Borough Council (25 013 730)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 04 Mar 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the complainant’s development being made liable for the community infrastructure levy. It is reasonable to expect the complainant to have used his right of appeal to the Valuation Office Agency, as it was better placed to consider the issues he raises.
The complaint
- Mr X complains the Council should not have made his development liable for the community infrastructure levy (CIL), and says he has received four different bills for it.
The Ombudsman’s role and powers
- We can 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. So, we do not start an investigation if we decide there is, or was, another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council, which included the Council’s complaint responses.
- I also considered the Ombudsman’s Assessment Code.
My assessment
- The Council’s Stage 1 and 2 complaint responses explain why it thinks the development is liable for the CIL, and why different bills have been issued.
- However, the restriction detailed in paragraph 2 above, appears to apply to Mr X’s complaint to the Ombudsman. This is because anyone disputing liability for, or the calculation of, the CIL, had a right of appeal to the Valuation Office Agency (VOA).
- The VOA has expertise in dealing with such disputes, so was better placed than the Ombudsman to consider the issues raised in Mr X’s complaint. We will therefore not start an investigation into Mr X’s complaint, as it is reasonable to expect him to have used this right of appeal to resolve the issues complained of.
Final decision
- We will not investigate Mr X’s complaint because the VOA was better placed to consider the issues he is raising.
Investigator's decision on behalf of the Ombudsman