Letter: Waverley Council Should Keep Its Word

Published on: 26 Jan, 2026
Updated on: 26 Jan, 2026

From Steve Dally

member of the campaign group Victims of CIL Injustice in Waverley

On July 15 2025, residents affected by Community Infrastructure Levy (CIL) failures formally requested an independent and impartial review of Waverley Borough Council’s CIL processes.

When Cllr Tony Fairclough [Farnham Residents, Farnham Heath End] proposed an amendment for this to be postponed for six months, residents were explicitly informed that the motion would not be dismissed, only deferred, and that it would return to a meeting of the full council at Waverley on January 26 2026 (as stated in the minutes). In summary we believed:

• the merits of the motion were fully recognised
• an independent review was essential
• the intention was to resolve this matter as quickly as possible
• postponement would improve, not delay, the prospects of justice.

Homeowners, therefore, have a legitimate expectation that the issue would be debated and implemented at full council on January 26.

On Tuesday, January 27 a public petition will be formally presented calling on Waverley Borough Council to honour the commitments it adopted in January 2025 (concerning discretionary reviews in line with West Berkshire Council) and secondly to commission an independent and impartial external review of the CIL customer journey, specifically the issuing and enforcement of CIL Liability Notices to Homeowners.

Hoping for a positive and just outcome on Tuesday, perhaps I may take the opportunity to explain exactly what we are requesting. Our request should not be onerous nor result in a significant cost, just to  provide an independent and invaluable learning experience from an external perspective.

Other councils have shown the way. West Berkshire Council commissioned POS Enterprises (The Planning Officers voice in England) to undertake a fully independent review of its CIL processes, including:

• internal systems and enforcement procedures
• evidence from homeowners as the primary focus
• input from senior elected members across all parties
• peer comparison with other CIL authorities
• recommendations for improvement and added value.

We understand that this external review, cost approx £15,000 (in 2023)  for five days of on-site investigation and interviews, demonstrated transparency, accountability and a genuine commitment to learning. Planners talking to planners.

Waverley residents deserve no less.  What was important to victims about the West Berks POS report was that:

“Throughout the process all interviewees were completely open and frank about their experience, on the basis that no comments or information used within the report would be attributed.”

It was this report that provided West Berks with valuable learnings that enabled them to adopt the enforcement policy they now have in place.

However, at Waverley we understand that the Executive Working Group that was set up to advise the Executive on CIL matters has now concluded and that not one single affected homeowner was invited to provide witness evidence to the Executive Working Group.

Victims of CIL injustice have profound concerns that WBC’s internal review processes suffer from confirmation bias. Any learnings and improvements recommended by the EWG to the Executive can only be concluded based on what officers have reported and are therefore potentially inadequate.

Further delay, such as waiting for the completion of the Discretionary Review Process, only postpones the transparency, accountability, and learning that can come from genuine external scrutiny when there may not be any other appeals through a lack of trust in WBC . Please appreciate the human cost of delay.

In addition, when considering any potential learnings from the Independent discretionary review process:

• no homeowner has been allowed to present their case to the so-called “independent” reviewer
• decisions carrying the risk of financial ruin and forced sale of family homes have been taken without the right of appeal
• residents have been assessed by a barrister without any opportunity for legal representation, with the Council acting as investigator, prosecutor, judge, and final arbiter
• the devastating personal impact of delays in making decisions is already evident, including severe mental distress suffered by families such as that of Mr Colvin.

Local elections are approaching. Trust, once lost, is difficult to rebuild. The voices of those who have suffered injustice must not be ignored or silenced.

We therefore call upon all Waverley Borough councillors to honour the commitment made on July 15 2025 and take positive action to restore public confidence through openness, accountability, and action.

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