Letter: Waverley Should Follow West Berkshire Over CIL Payments

Published on: 3 Apr, 2025
Updated on: 3 Apr, 2025

Waverley CIL protests (image Waverley Conservative Council Group)

From Lauren Atkins

Conservative Waverley borough councillor for Bramley & Wonersh

In response to: Waverley Council Is Committed to Review of CIL Payments Following Angry Protest

On January 28, I proposed the motion at Waverley Borough Council: “In line with West Berkshire, householders previously subject to Community Infrastructure Levy (CIL) liability can request a discretionary review by the council within a window from 1st June 2025 to 31st May 2026.” The motion was successfully carried.

It is rare for an opposition-led motion to pass, and the fact that this one did is a testament to the removal of political bias and the shared recognition within the council chamber that this was an injustice to homeowners.

The following is entirely non-partisan and based entirely on fact:

• West Berkshire Council’s Executive on May 23 2024 proposed a process by which their council would undertake a discretionary review of CIL payments for householder applications previously made against the new CIL Enforcement Policy – Householder Applications. It set out that such a review would only take place following a request by the householder, who made the CIL payment, and that the council would consider making refunds of CIL previously collected, together with late payment interest and surcharges if appropriate to do so.
• In the first seven cases reviewed by West Berks, six homeowners were found to have been unfairly charged and received refunds ranging from £12,000 to £40,000. These decisions were based on West Berkshire’s decision “to correct the injustice” with no other caveats.
• At Waverley Borough Council’s Audit & Risk Committee on March 24 the Head of Planning stated that CIL legislation is “absolutely rigid”. This is not the case.
• The Leader of the Council confirmed on public record on April 1 that Regulation 65(7) grants WBC full powers to withdraw a CIL liability notice for whatever reasons it sees appropriate to do so.
• On BBC Radio Surrey on April 1 the leader of WBC stated that: “Just because somebody said it is wrong doesn’t mean it is wrong, if you are doing a large extension that does have an impact on infrastructure it’s right and proper that homeowners are charged in this way.”
• This is factually incorrect. All homeowners are exempt from CIL irrespective of the size of their extension or annex if the correct paperwork is submitted and the procedure is followed correctly. If the new build floorspace of your residential extension is 100 sq m or more, while you will be liable for CIL, you can apply for exemption from CIL if you are building a residential extension. Residential extensions below 100 sq m are already exempt from the levy under the minor development exemption and do not require any further paperwork.
• Therefore, if these victims aren’t refunded in line with West Berks’ review process, Waverley Borough Council is supporting the underhand practice of claiming CIL purely from homeowners’ mistakes.
• The victims have had to remortgage homes, sell their homes, have suffered breakdowns, been threatened while receiving cancer treatment and live in fear of financial ruin based on paperwork, timing or procedural error.
• The unintended consequences of legislation crafted by policymakers with little real-life or industry experience is an issue deeply close to my heart. My personal background in housing equips me with the insight to bridge this gap and advocate for practical, effective policies.
• I am now exploring a Group Litigation Order (a UK class action) based on The Law of Equity, developed to ensure fair outcomes when legal rules produce unjust results. Courts of Equity prioritise fairness, moral obligations and discretion. Promissory Estoppel prevents parties from going back on promises when others relied on them.
• My [Conservative] council group is simply determined to ensure that our residents and beyond can rely on a discretionary review that mirrors that of West Berkshire.

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