Liberal Democrats are claiming a High Court judgement has proved that their policy on the Community Infrastructure Levy has been correct and that local Conservatives were wrong to say Waverley Borough Council could simply choose to cancel CIL charges. 

But their claim has been robustly rejected by local Conservatives, a delegation of whom met with Housing Minister Matthew Pennycook recently.

In their statement, the Lib Dems said: “They [Conservatives] repeatedly insisted the Council could ‘use its discretion’ to wipe these bills away… even where homeowners or their agents failed to follow the mandatory steps set out in national legislation.

“That was never true — and a recent High Court judgment has now confirmed it (R (Luck) v Bracknell Forest Borough Council [2025] EWHC 2984 (Admin)).

“The judge made the law crystal clear: CIL is established in national legislation. Once a valid charge becomes due, councils cannot lawfully cancel it.”

Cllr Liz Townsend

Lib Dem Cllr Liz Townsend (Cranleigh West), portfolio holder for Planning and Economic Development, said: “The Conservative group has been reckless in leading residents to believe a local council could overturn national legislation. Their misinterpretation has caused worry and frustration for householders already in a difficult situation.

“I am pleased the court has confirmed that Waverley has acted entirely within the law. We will continue to press Government for changes that treat homeowners more fairly and allow genuine mistakes to be corrected.”

The statement continues: “Waverley Borough Council has nevertheless taken action to support residents wherever possible. Earlier this year, the Council launched a new,  Independent Discretionary Review process for householders who believe they may have been wrongly charged CIL.

“This ruling should finally put an end to the confusion. Anyone undertaking a building project must follow the CIL process from the outset — or risk charges that cannot be undone.”

But Waverley Conservatives have condemned the Waverley Lib Dem attempt to use the High Court ruling “to deflect from their own failure to properly support residents hit by punitive Community Infrastructure Levy (CIL) charges” describing their actions as insulting to those hit.

In a press release the Conservative group claims: “At every stage, we have been clear about where the real problem lies:

• A rigid national CIL system that unfairly punishes ordinary homeowners for minor administrative errors; and
• A Lib Dem-led Waverley Council whose leadership has repeatedly failed to act with compassion and pragmatism.”

Cllr Jane Austin, Sir Jeremy Hunt and Gregory Stafford outside the Ministry of Housing, Communities and Local Government

In November, Sir Jeremy Hunt MP (Godalming & Ash), Gregory Stafford MP (Farnham & Bordon) and Waverley’s Conservative Group leader, Cllr Jane Austin, met with Housing Minister Matthew Pennycook to petition for those hit.

Matthew Pennycook MP

Following that meeting, Sir Jeremy Hunt said: “Waverley Lib Dems’ behaviour on the CIL scandal remains outrageous. At our most recent meeting Minister Pennycook confirmed that Waverley’s actions were not in line with the intention of CIL regulations – and that the law is being changed, he hoped, in the New Year 2026. The minister also confirmed that he had great sympathy with those hit.

“The recent High Court ruling relates to the strict legal framework imposed by national legislation, something that has never been in dispute. Contrary to the Lib Dem narrative, Conservatives have never encouraged unlawful behaviour by the council – however they have consistently demanded:

• A proper refund and review scheme to allow justice for residents, following the successful West Berkshire model (Conservative Motion submitted and approved by Waverley Full Council in January 2025)
• An independent review of CIL practices at Waverley Borough Council (Conservative motion submitted July 2025)
• Genuine support and compassion for victims.”

Cllr Austin said: “Local people have been financially harmed by a punitive system and a council that, in some cases, took over five years to listen and act. Applicants to Waverley’s CIL review scheme state they have faced a wall of silence from the Council despite being told they would receive an outcome months ago. This is just not good enough.

“As Conservatives, we remain focused on supporting residents and the CIL Injustice Group, demanding real action to achieve justice and secure a change in the law. A court ruling does not change these core issues.”

Steve Dally

Steve Dally, of the CIL Injustice Group, said: “The outrage and distress felt by CIL victims on reading the statement from the [Liberal Democrat] leader in full council and Liberal Democrats is very real.

“We believe they are misrepresenting a recent court ruling and using it as a political tool to undermine victims and score petty political points. Why aren’t they focusing their efforts on fixing the problem?

“As residents of Waverley, we find this behaviour irresponsible, and frankly disgraceful, coming from elected representatives – elected to help those in need, not harm them.

“Waverley Council needs to, with urgency, show some respect and compassion. The scale of the punishment in Waverley is disproportionate to the crime of getting some paperwork wrong. As the Minister of Housing states – CIL was never intended to be used in this way!”