Waverley Borough Council has announced a proposed package of measures aimed at its Community Infrastructure Levy (CIL), in response to concerns raised by local residents who feel they have been unfairly treated under the current system.

However, the scope of the review has sparked anger among opposition councillors, who claim it falls far short of delivering justice.

The review follows instances where dozens of homeowners in the borough were charged up to £97,000 after falling foul of the strict requirements in the CIL regulations.

A report setting out the options and introducing a discretionary review process will be considered by the council’s Overview and Scrutiny (Services) Committee on June 23.

CIL is a planning charge imposed on new developments to help fund infrastructure such as roads, schools, parks and healthcare. Waverley’s charging schedule came into force in March 2019 following two public consultations and an independent examination.

Under the proposals, the council is looking to introduce a package of measures, including:

  • A discretionary review of CIL-liable residential extensions and annexes, carried out by an independent, professionally qualified and suitably experienced person.
  • A review of the council’s approach to CIL enforcement to ensure it is fair, reasonable and proportionate.
  • Lobbying the government to reform national CIL regulations to make them simpler and fairer for residents building home extensions.
  • An independent review of CIL charging rates alongside the development of the council’s new Local Plan.

Cllr Liz Townsend, Waverley’s portfolio holder for planning and economic development, said: “We recognise that some homeowners feel they have been treated unfairly under these national rules.

“I would like to thank them for sharing their experiences and in response to this, we are proposing to introduce a formal process so that these cases can be reviewed.

“This discretionary review will give homeowners the opportunity to have their case reassessed if they believe CIL was applied incorrectly. If the council has made an error, we will work to put this right, because we are committed to making CIL work for all of our residents.

"The national legislation governing CIL is complex and significantly limits what we can influence locally. However, we're committed to making improvements wherever possible, and that's what this new approach aims to achieve."

The council says the measures are part of its commitment to make the CIL system fairer and more transparent for local residents, despite the limitations of national legislation.

On the Liberal Democrat-led Waverley Borough Council, the Conservative opposition has led calls for CIL charges to be withdrawn for private householders.

The Waverley Conservatives called the council’s review a “betrayal of justice”.

“Today marks a deeply disappointing moment for Waverley homeowners burdened by devastating Community Infrastructure Levy (CIL) charges. Many have now stated Waverley’s proposed review offers them little hope of justice or financial redress,” a statement said.

They said that in January 2025, councillors voted to adopt a discretionary review model based on West Berkshire's model, which refunded over £400,000 to 18 residents who had fallen foul of complex paperwork errors.

West Berkshire’s approach recognised that mistakes made in paperwork should not leave householders facing financial ruin.

“However, Waverley's proposed review is a departure from the West Berkshire model. Its scope is extremely narrow, focusing solely on whether the CIL liability notice was ‘correctly served,’” the Conservatives said.

“This legalistic approach ignores the fundamental principles of justice, fairness, and reasonableness. In almost every other area of law, even tax, genuine errors are acknowledged and rectified. Yet Waverley's interpretation of CIL legislation holds ordinary homeowners to a harsher standard than HMRC applies to taxpayers.”

They added: “This review represents a backward step in the fight for justice for these homeowners.

“As councillors, we voted together in January to do the right and just thing. Waverley’s Executive has disregarded Full Council’s clear will and broken trust with the very residents it serves.

“Unlike the Waverley Executive, we, working alongside our MPs, have already escalated this fight to Parliament with meetings in the diary. We will not give up until justice is served for these homeowners.”