Waverley Borough Council has announced an independent review of the Community Infrastructure Levy (CIL) charges that have caused significant financial distress for many homeowners in the region. Residents have reported facing overwhelming debts, anxiety, and even the loss of their homes due to the substantial CIL notices issued for property work.
The CIL is intended to fund large-scale developments that impact local infrastructure. However, in Waverley, many homeowners have received hefty six-figure bills after failing to navigate the complex regulations. This situation has led to the formation of the CIL Injustice Group, which aims to address the challenges faced by affected residents.
At a council meeting in January, the CIL Injustice Group presented a petition signed by 625 residents, urging the council to conduct a thorough review of the CIL practices and to consider refunding those impacted. While councillors expressed sympathy for the residents’ plight, they noted that, under current legislation, the council cannot legally refund or waive CIL charges unless there is evident error on the council’s part.
Challenges and Responses
The council’s response follows a recent legal ruling in the case of Bracknell Forest v Luck, which clarified that authorities do not have the power to waive liabilities once they have been issued. Despite these limitations, councillors unanimously endorsed the idea of an independent examination of the planning department’s practices concerning CIL liability notices.
A spokesperson for the CIL Injustice Group expressed relief at the council’s decision to commission an independent review. “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,” they stated.
Many residents remain anxious about the ongoing review process, which has yet to yield any resolutions. The group continues to advocate for a fairer model, similar to that of West Berkshire, to ensure just treatment for all affected homeowners. Public frustration was palpable at the council meeting, where a number of residents exited in disappointment, feeling that their concerns were not adequately addressed.
Waverley Conservative Leader Cllr Jane Austin welcomed the decision to pursue an independent investigation, calling it a step towards transparency for residents burdened by CIL charges. She noted that progress had been slow, with no cases resolved in the past year, leaving many families in distress.
In contrast, Cllr Liz Townsend, Waverley Borough Council’s Portfolio Holder for Planning and Economic Development, reiterated the council’s legal constraints regarding CIL charges. “The council does not have the legal power to simply waive CIL liabilities,” she explained, adding that independent legal advice has consistently supported this position.
Future Actions and Legal Framework
While the council maintains that it has acted lawfully within the existing national CIL regulations, it acknowledges the complexity and inflexibility of the current system. Cllr Townsend emphasized that the council is advocating for reform of the national CIL regulations, recognizing the unintended consequences these can have on homeowners.
In the interim, the council has introduced a discretionary review scheme for residents who believe they should not have been charged CIL. This measure aims to provide some relief while the broader issues surrounding CIL practices are examined.
As the independent review moves forward, the council hopes to address the residents’ concerns and restore confidence in the planning process. The outcome of this investigation will be closely watched, as many families seek justice and clarity regarding their financial obligations.
