The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s scheme for charging Community Infrastructure Levy for domestic planning approvals. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council charging a Community Infrastructure Levy (CIL) on his planning application for an extension when some developers of new build sites are exempt from payment.
The Ombudsman’s role and powers
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 the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he had to pay the CIL charge for his planning approval for a domestic extension when developers of new build property in his village have been exempt. He believes the system is unfair and that he should not have to pay.
The Council introduced its current CIL payment scheme in 2018. The system was introduced following the appointment of an examiner by the Planning Inspectorate who reported on the scheme and made recommendations which are incorporated into the approved scheme. The scheme for charging CIL is complex and the Examiner considered all the aspects of CIL and section 106 charges in her report.
There is no evidence to suggest that the approved scheme is not being applied correctly by the Council or that Mr X is being charged differently to any other householder in similar circumstances.
When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members. This means we will not intervene in disagreements about the merits of decisions.
Final decision
We will not investigate this complaint about the Council’s scheme for charging Community Infrastructure Levy for domestic planning approvals. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman