Letter: This CIL Injustice Needs To Stop

Published on: 23 May, 2025
Updated on: 23 May, 2025

The kind of home extension that might incur a CIL charge if exemption is not properly claimed.

From Steve Dally

one of those facing a large CIL charge by Waverley Borough Council

See: Opinion – CIL Payments – These Residents Deserve Justice and Council Agrees to Review Godalming Couple’s £70k CIL Charge

Why are homeowners in Waverley receiving life changing fines?

It’s all down to paperwork.

Get it right and you are exempt a significant, perhaps unaffordable, fine of £thousands. Get anything wrong and you could be financially crippled for life.

Is that just and fair? Is that equitable? I say no.

The Community Infrastructure Levy (CIL) Regulations 2010 states: “People who extend their own homes or erect residential annexes within the grounds of their own homes are exempt from the levy, provided that they meet the criteria laid down…:

• the main dwelling must be the person’s principal residence, and they must have a material interest in it…;
• residential annexes are exempt from the levy if they are built within the curtilage of the principal residence and comprise one new dwelling; and
• residential extensions are exempt from the levy if they enlarge the principal residence and do not comprise an additional dwelling.”

Councils have a legal duty to “act reasonably” and not to create hardship, be oppressive or
disproportionate.

We could just blame those who introduced CIL. We all love to blame someone don’t we? It’s convenient but shows no consideration for the victims.  (Just like the Post Office scandal.)

If you are not told you will be liable for CIL but then receive a “Demand Notice”, stating that you must pay £70,000, or your home could be seized or you could be committed to prison for three months if you don’t pay immediately – is that “acting reasonably”?

It has forced some in Waverley to sell their homes because they cannot afford to pay.

If you don’t submit one specific piece of paperwork called a Commencement Notice you lose the legal right of appeal. Is that just and fair?  A convicted terrorist gets more rights of appeal than homeowners under CIL!

It started with Gordon Brown in 2008. Since then, we have had the Conservative-Lib Dem Coalition in 2010, a Conservative government in 2015 and now a Labour Government from 2024.

But none of the major parties show any concern or urgency to address the injustice.

For the past six years Waverley Borough Council have continued to ask for payments. But why can’t they treat residents reasonably and fairly?

Is it because it’s the law? I say, no, it’s because it generates a load of money.

Waverley has charged £70million CIL payments in the past six years, with more than £30 million in proceeds sat in a bank account, earning large amounts of interest every year.

On July 1 will Waverley Executive take a decision to act in a more fair and proportionate way?The council has discretionary powers to correct this, but the operative word is “discretionary”. To use discretion, you have to “act in a reasonable way”, but Waverley choose not to do so.

Some councillors in Waverley get it and are trying to bring about just and fair change but many, sadly, don’t seem to care and sit on the fence.

Some have even stated “homeowners building an extension should pay”.  But where does it say that in the CIL regulations?

Regrettably, in Waverley there appears to be overwhelming reluctance to follow West Berkshire Council, which states:  “If an exemption would have been granted, if the correct paperwork had been submitted on time, then the council is likely to exercise any discretion in favour of the developer (homeowner).”

If it’s just a matter of genuine mistakes or missing paperwork, why would you act in an oppressive, disproportionate way and force residents to sell their homes?

We at Fight CIL Injustice (help@CIL-Injustice.co.uk) are calling on all councillors to understand what your officers are doing to your residents.

This is not a time for political gain or for “toeing the party line” because your leader tells you to.

Take a stand, stop this injustice – or may it rest heavy on your conscience because at the next elections, we the residents will not forget what you continue to allow your officers to do to us.

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