Letter: CIL Injustice Continues at Waverley

Published on: 24 Oct, 2025
Updated on: 24 Oct, 2025

From Steve Dally

See: MP Raises CIL Issues in Parliament – Minister ‘Committed To Finding a Solution’

On January 28, Waverley Borough Council unanimously voted to rectify the injustice surrounding the Community Infrastructure Levy by implementing a discretionary homeowner review.

Under the review, homeowners who “would have qualified for an exemption had they submitted the correct paperwork would be treated as though the exemption had been properly granted”.

However, the discretionary review implemented by Waverley’s Executive Committee disregards the intentions of the full council and restricts refunds to cases where a barrister determines that “council error” can be proven.

To date, only two victims have been submitted for review. Why?

Firstly, Waverley’s Executive has encouraged everyone to apply, yet they have clearly stated that they will only repay council error and not any other charges. Secondly, where the council decides the charge was correctly issued their decision will be final there is no right of appeal.

My wife and I spent five long years fighting to have our case heard and reviewed. We were unfairly charged £70,000 for replacing a home extension that should have been automatically exempt from CIL.

During this ordeal, we were threatened with the seizure of our home and the possibility of imprisonment.

We are grateful that, earlier this year, our case was finally reviewed and recognised as a case of council error. As a result, we were refunded, which allowed us to settle our bank loan and now save £400 each month in interest payments.

It was our case that prompted WBC to introduce discretionary reviews. But agreeing to refund cases of council error is not a discretionary act — it is an obligation.

Waverley maintains that the legislation is rigid with no discretion. Yet the Matthew Pennycook, minister for Housing, has made the position unequivocally clear: “CIL was never intended to be applied in this way.”

He highlighted West Berkshire Council as a good example of a local authority exercising discretion and refunding homeowners. In contrast, he specifically names Waverley as a council that chooses not to.

The Community Infrastructure Levy (CIL) guidelines state that: “Individuals who extend their homes or construct residential annexes within their own grounds are exempt from the levy, provided that the property is their primary residence and they hold a material interest in it.”

Many other councils have chosen not to implement the CIL at all or have excluded homeowners from it. Many other councils take a flexible and reasonable approach when homeowners fail to submit a form on time or make an unintentional mistake, working collaboratively with residents to resolve such issues and prevent CIL charges from being
applied in ways that were never intended.

Waverley Borough Council has chosen not to show any flexibility, maintaining policies that cause significant hardship for ordinary homeowners. Their actions are oppressive, forcing some families to sell their homes because they could not afford such disproportionate charges.

If you live in Waverley, please help us hold Waverley Borough Council to account by signing our petition. Visit www.cil-injustice or click here: https://modgov.waverley.gov.uk/mgEPetitionDisplay.aspx?ID=17&RPID=59241414&HPID=5 9241414