One Homeowner Recompensed but Fight Continues Over Waverley CIL Charges

Published on: 4 Jul, 2025
Updated on: 4 Jul, 2025

By Chris Caulfield local democracy reporter

and Guildford Dragon reporters

A homeowner who faced the threat of court action, heavy fines and even imprisonment over planning fees charged by Waverley Borough Council has finally been vindicated – but the battle continues for 20 other residents who are in similar situations.

Steve Dally was granted planning permission in 2018 to demolish and replace an extension at his Godalming home, which was exempt from the Community Infrastructure Levy (CIL). The CIL is aimed at getting developers to contribute towards vital infrastructure.

Mr Dally was later astounded to find that he faced an unexpected £70,000 CIL charge with no right of appeal.

This week (July 1) he was finally told that all action against him has been dropped and any money paid will be returned after the council admitted its errors.

He described his feeling as one of overwhelming relief but said there were about 20 other residents in the same situation and the fight would go on.

The council has decided to create a “discretionary review” for those residents who believe they have been incorrectly charged.

It says Government regulations, which it wants to see changed, mean it can only pay out when the error was the council’s.

It will also look at how it enforces incidents where the error is on the resident’s part. But this may take more than a year to come into action.

Speaking at the council’s Executive meeting on July 1, Mr Dally said: “One victim has sold his home, another has his on the market and is excluded from this review entirely.”

He added: “I hold up before you my own demand notice, which threatened me with seizure of my home, and imprisonment, unless I pay £70,000 immediately as we went into the first lockdown.

“This is not just a poor policy… It’s a disgrace in the way that it treats victims in Waverley.”

Officers at the meeting admitted the council made the wrong decision, telling Mr Dally: “I am confirming that my decision is that we were wrong in pursuing CIL because we took the wrong decision about what planning route you had gone down and therefore your CIL notice will be withdrawn and your funds, and your payment that you’ve made to date, refunded.”

Issuing a statement after the meeting, Mr Dally said: “Of course we are grateful to finally be informed we will get a refund – the details of which have not yet been confirmed.

“Will we be compensated for the significant bank interest these errors have caused us?

“We feel a sense of overwhelming relief that in our case justice will now prevail – but what about others? Will the discretionary review process adopted last night really help other victims?”

Mr Dally called the council’s discretionary review a start but said it needed to go much further to correct injustice. He said: “There has not been any acceptance of remorse by WBC for the impact their actions have on innocent victims or acceptance of scale of the action they have imposed – which are nothing but life changing.”

Cllr Liz Townsend

Liberal Democrat councillor Liz Townsend, the council’s portfolio holder for Planning and Economic Development, said the authority wanted to “rectify any errors”.

However the Conservative opposition has strongly condemned the way the matter has been handled.

The Conservatives have accused Waverley’s Executive of a “publicity stunt” – saying the decision over Mr Dally’s refund was delayed so that it could announce the repayment at the Executive meeting.

Cllr Jane Austin

Commenting on Mr Dally’s refund, Cllr Jane Austin, Conservative group leader, said: “We have spent months fighting for Steve and Caroline Dally and so we are delighted they will get their £70,000 CIL charge refunded.

“Steve has fought Waverley Council for the last five years which has necessitated Steve becoming incredibly knowledgeable about complex CIL legislation. We hugely respect the work he has put in – not only for himself, but championing other home owners caught in the CIL trap.

“Waverley’s administration announced Mr Dally’s refund in Tuesday’s Executive meeting. This was a crass publicity stunt – deeply unimpressive especially to those victims left still waiting and hoping for justice. The fight continues!”

Cllr Austin added: “The CIL victims’ group has undertaken Freedom of Information requests for every council across the UK. So far, responses received demonstrates many councils do apply discretion to CIL regulations for householders, for example by offering periods of grace to submit notices and by supporting and reminding residents throughout the process.

“It is a tragedy that this did not happen at Waverley Council, which has lost sight of its duty of care to the people it serves. We see a sham review which will not investigate the underlying causes of the issue.”

The Conservative group has gathered statements from other residents who have been told they owe Waverley money.

Ian Colvin, a Haslemere resident charged £92,000 CIL, said: “The way we have been treated is frankly disgusting and worthy of a public enquiry. Waverley has demonstrated it is more focused on collecting CIL for the council’s coffers rather than supporting its residents. We come at the very bottom of the pile. Shameful behaviour”

Rupert and Jane Wingfield, who were charged £70,000 CIL, said of the council’s review: “The logic completely escapes us: a discretionary review that applies no actual discretion, and under which 90 per cent of affected residents won’t even be eligible to apply. It’s emblematic of the attitude that defines this council and its political leadership – hiding behind bureaucratic language like ‘Best Value’ to justify behaviour that is frankly disgraceful and unjust.”