Letter: What Will Happen in the Further Cases of CIL Injustice?

Published on: 3 Sep, 2026
Updated on: 3 Sep, 2026

Waverley CIL protesters (image Waverley Conservative Council Group – Jan 26)

From Victims of CIL Injustice in Waverley

Eighteen months on from the date Waverley council unanimously agreed to hold a discretionary review of CIL cases where, “had the homeowner submitted correct paperwork on time – and would have been granted exemption – they would be treated as if they had” (ie as did West Berkshire), what has been achieved?

In July we were informed there were six applications for the discretionary review – what happened to these six? Only five are listed below?

On behalf of the victims of CIL (Community Infrastructure Levy) Injustice in Waverley only two of our group applied for a discretionary review – and we are pleased both have had their injustice corrected.

Referring to Claire Upton Brown’s (head of Planning) email of 1st September:

Case 1: where it’s been agreed they will not have to pay and Waverley will not enforce because of delays in responding

Case 5: where WBC has admitted error and they will be refunded in full

The other three cases are not known and therefore not part of the CIL Injustice group in Waverley complaints. So please be aware we have only been fighting for two of the cases listed below!

Other members of our group – Mr and Mrs Dally – were refunded in full, outside of this discretionary review, because of reported “egregious errors” quote Douglas Edwards KC.

As a group we fight on, case by case.

Since January 2025 our record is three out of three successes for the victims of CIL injustice. We were promised a discretionary review in line with West Berkshire.

Since then: Simon Bird KC confirmed that to enforce or not to enforce: “…is discretionary…”

The Minister in his letter of June 25 has confirmed that the council does have the ability to repay where: “a householder developer would have been entitled to an exemption but, as a result of an administrative error, failed to claim it in accordance with the required procedure and now faces significant hardship as a consequence.”

The question now is: will the Waverley Discretionary CIL review be extended and expanded to consider ex gratia payments where : “…a householder developer would have been entitled to an exemption but, as a result of an administrative error, failed to claim it in accordance with the required procedure and now faces significant hardship as a consequence”.