The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to issue a Community Infrastructure Levy Demand Notice. The complainant has appealed to the Planning Inspector against the Demand Notice which takes the matter outside our jurisdiction.
The complaint
Mr X complains the Council is demanding a retrospective Community Infrastructure Levy (CIL) payment based on a technicality.
He appealed against the Council’s first CIL Demand Notice to the Planning Inspectorate, which dismissed the appeal. The Council has since withdrawn the original demand and issued a new one. Mr X has appealed against the latest notice.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended) The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about: Delay – usually over eight weeks – by an authority in deciding an application for planning permission A decision to refuse planning permission Conditions placed on planning permission A planning enforcement notice A decision to serve a CIL Demand Notice.
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate the CIL liability issue. This is because Mr X has used his right of appeal to the Planning Inspectorate to dispute the Council’s CIL Demand Notice and his liability to pay it. We cannot investigate a complaint where someone has appealed the matter complained of to the Inspectorate as the appeal takes it outside our jurisdiction.
Final decision
We will not investigate Mr X’s complaint because his appeal to the Planning Inspectorate takes the matter outside our jurisdiction
Investigator's decision on behalf of the Ombudsman