Waverley Borough Council has announced plans for an independent review of its Community Infrastructure Levy (CIL) practices following widespread criticism from residents facing significant financial burdens. Homeowners in Waverley have reported mounting stress, with some experiencing severe emotional distress or even having to sell their homes due to hefty CIL charges linked to property modifications.
The CIL is meant to fund large-scale developments that can alter the character of neighborhoods, aiming to mitigate the impact of such changes. However, many residents claim they have been caught in a complicated web of regulations, resulting in unexpected six-figure bills for work done on their properties. This situation has led to the formation of the CIL Injustice Group, which is advocating for reforms and a fairer resolution process.
At a full council meeting in January 2024, members of the CIL Injustice Group presented a petition with 625 signatures, urging the council to undertake a comprehensive review and refund those adversely affected. The council acknowledged the concerns but stated it could not legally refund or waive any charges once they have been issued, unless there was clear council error. This position has been supported by a recent legal ruling in the case of Bracknell Forest v Luck, which reaffirmed that authorities lack the power to waive liability for issued notices.
Despite these limitations, the council has agreed to an independent review of its practices concerning CIL charges. A spokesperson for the CIL Injustice Group expressed relief over the council’s decision, stating, “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.”
Residents remain anxious as the current review process has yet to yield any resolutions. The spokesperson continued, “While this is an important step, many families remain in limbo. 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.”
The atmosphere during the council meeting was charged, with numerous affected homeowners expressing their frustrations. Many were disheartened by comments made by council leadership, including Councillor Paul Follows and Councillor Liz Townsend, which they felt trivialized their concerns. Victims of the CIL charges have vowed to collaborate with local councillors, Members of Parliament, and government officials to seek justice and legislative change.
In response to the mounting pressure, Councillor Jane Austin, the Conservative Leader of Waverley, emphasized the importance of the independent review. “This is a step towards the openness and transparency residents hit by these huge unfair CIL charges deserve,” she noted. “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.”
Councillor Liz Townsend, who holds the position of Portfolio Holder for Planning and Economic Development, reiterated the council’s position on the legal constraints surrounding CIL charges. “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,” she explained.
The council has expressed its commitment to act within the law while recognizing the challenges faced by residents. “CIL rules are set nationally by the Government, and we share residents’ frustration with how complex and inflexible the current system can be,” Townsend added.
As part of its response, the council has introduced a discretionary review scheme, allowing residents who believe they should not have been charged CIL to apply for reconsideration. This measure aims to provide some relief as the independent review unfolds.
The community remains hopeful that the forthcoming investigation will lead to necessary changes in the CIL process, ensuring that no homeowner faces undue financial strain due to misunderstandings or misapplications of regulations.
