Waverley Council Agrees to an Independent Review of Its CIL Practices

Published on: 30 Jan, 2026
Updated on: 30 Jan, 2026

By Chris Caulfield

local democracy reporter

Waverley Borough Council’s role in the punishing planning charges that left homeowners facing ruinous debt, suffer nervous breakdowns, or forced to sell their homes, will be examined.

For some, the measures don’t go far enough – although the council insists its hands are tied by national legislation.

Waverley residents have been caught in a bureaucratic nightmare where they are being served huge Community Infrastructure Levy notices for work carried out on their properties.

CIL is primarily designed to cover large scale developments that fundamentally change the character of an area – to offset that impact.

Waverley CIL protests (image Waverley Conservative Council Group)

In Waverley, homeowners who did not correctly navigate red tape – found themselves with huge six-figure bills, prompting massive push back and the formation of the CIL Injustice Group.

At the January full meeting of Waverley Borough Council they had hoped to convince the borough to conduct a full review and refund those caught in the mess, submitting a petition with 625 signatures.

What they got was a halfway measure with the borough insisting it can not legally refund or waive any notices, once issued – unless there was clear council error.

Members did acknowledge the problem and sympathised with those impacted but said the council was restricted in what it could do – and that a recent case of Bracknell Forest v Luck further emphasised this when the judge ruled authorities do not have the power to waive liability, once issued.

But it did agree to an independent review of its practices.

A spokesperson for the group said: “The CIL Injustice Group is relieved that councillors have voted for an independent review of CIL practices at Waverley.

“We hope this will finally provide an open and transparent mechanism for residents to relay their experiences and to understand how such a significant issue has been allowed to develop in Waverley.

“However, while this is an important step, many families remain in limbo. The current review scheme has not yet delivered a single outcome, and we continue to urge Waverley to adopt a fair, West Berkshire–style model so that every resident treated unjustly can receive a swift and proper resolution.

Cllr Paul Follows

“A packed public gallery of householder CIL victims exited the chamber en masse in clear frustration at comments made by the leader, Cllr Paul Follows (Lib Dem, Godalming Central & Ockford), and portfolio holder Cllr Liz Townsend (Lib Dem, Cranleigh West) whose approach has repeatedly undermined residents, rather than acknowledging their concerns and taking the correct course of action.

“Victims will continue to work constructively with councillors, MPs and the Government to see justice: for a change in the law, a proper refund scheme – and to ensure no one else has to go through this experience.”

Cllr Jane Austin

Waverley Conservative leader Cllr Jane Austin (Bramley and Wonersh) welcomed the major cross-party breakthrough after councillors voted to commission an independent investigation.

She said: “This is a step towards the openness and transparency residents hit by these huge unfair CIL charges deserve.”

Adding: “Progress has been devastatingly slow. Over the past year, residents have been left anxious, distressed and in limbo. No cases have been resolved in twelve months.”

Cllr Liz Townsend

Cllr Townsend, Waverley Borough Council Portfolio Holder for Planning and Economic Development said: “Members considered a petition presented by residents affected by Community Infrastructure Levy (CIL) charges.

“Two separate issues were debated.

“On the request for Waverley to adopt the same approach as West Berkshire Council, councillors were advised again that the council does not have the legal power to simply waive CIL liabilities.

“Officer advice, and independent legal advice received by the council, has consistently been clear on this point, and this position has recently been reinforced by a High Court judgment in Luck vs Bracknell Forest Borough Council.

“The council was therefore advised that it could not lawfully consider adopting an approach that was unlawful, as it must act within the law as it currently stands.

“Councillors did, however, unanimously recommend to the executive that it commission a full and independent investigation into the behaviour and practices of Waverley Borough Council planning department concerning the issuing and enforcement of CIL Liability notices to homeowners.

“The council is confident it has acted lawfully and in accordance with national legislation but recognises the strength of feeling among residents and wants to provide reassurance through independent scrutiny.

“CIL rules are set nationally by Government, and we share residents’ frustration with how complex and inflexible the current system can be.

“That is why we are continuing to lobby strongly for reform of the national CIL regulations, which the Housing Minister has acknowledged can have unintended consequences for homeowners.”

The council has introduced a separate discretionary review scheme that residents who feel they should not have been charged CIL can apply for.