One year on, Waverley’s Community Infrastructure Levy (CIL) controversy continues. So far, not one resident has been refunded under Waverley’s review and refund scheme.

Residents tell me they are struggling, carrying the mental burden of this fight — in some cases putting their homes up for sale while disputes with the council remain unresolved. These residents say they have been charged tens of thousands of pounds under a developer levy which they believe was never intended to apply to homeowners undertaking works to their own properties. Some describe severe stress as a result of the prolonged process.

Residents involved in Waverley CIL disputes, having recently learned of a High Court judgment involving Waverley (O’Brien v Waverley), are asking serious questions.

Why? They believe the judicial review illustrates why an independent investigation of CIL practices at our council is necessary.

The reported case details a dispute between a Godalming householder and the council about how chargeable floor space should be calculated. The homeowner challenged the calculation in the courts. Legal advice obtained by the council concluded that its original interpretation was incorrect, and the liability notice was quashed, with costs awarded to the applicant.

The council subsequently maintained that CIL liability still applied, and further notices were issued. Following additional legal exchanges and review, the council ultimately withdrew the liability notice and confirmed there is no outstanding CIL liability in relation to that development.

James Packer, who led the case, said: “It is extremely concerning that a public authority can acknowledge legal errors, then double down by issuing an even higher charge on the same flawed basis. This outcome underlines the need for proper oversight of how local councils apply the CIL regime — and shows that homeowners do not have to accept this kind of incorrect enforcement unchallenged.”

Residents have told me of similar experiences, including liability notices cancelled and later reissued, and disputes over evidence affecting CIL calculations. In each case, residents say interest and surcharges continued to accrue while matters were under challenge. Here are a couple of examples among the numerous cases raised with me:

A Haslemere resident overturned £50,000 in charges against him but not before incurring £5,000 in legal expenses. Another Haslemere resident was issued a £200,000 CIL liability notice following a minor amendment to his self-build. He successfully challenged the charge after launching legal action, raising concerns about how the calculation had been handled.

An Enton resident disputed a £56,000 CIL charge but eventually paid. Years later, the council identified a further £5,000 in interest and charges. They and others say they experienced the tone of enforcement as aggressive.

In January’s Full Council meeting, residents affected by CIL disputes stood up and walked out following remarks by Council Leader Paul Follows. Some residents say they feel the council’s political leadership has been dismissive of their concerns.

I believe it did not have to be this way. Many councils across the UK have sought to apply CIL with discretion and clarity, particularly where homeowners are involved.

Why could our council not do the same?

I say to campaigner Steve Dally and the CIL Injustice Team — do not lose heart. We are making progress and will continue to press for answers.

Councillors have now voted for an independent investigation into CIL practices in Waverley. Six months ago, I proposed the same investigation, but Waverley’s Lib Dem Executive deferred it. Given the existence of the judicial review, it is reasonable to ask what information was available to members at the time and whether greater transparency would have been helpful.

Instead of focusing on these substantive concerns, code of conduct complaints were made against me and other Conservative councillors for raising residents’ cases.

We have also raised the issue at national level. Sir Jeremy Hunt MP, Greg Stafford MP and I have met the Housing Minister twice to discuss concerns about how CIL legislation operates in practice. The Minister indicated that the legislation is under review.

We hope future changes in the law will provide clearer protections for homeowners and ensure councils can address historic cases where appropriate.

Several senior councillors have said they feel embarrassed by how this issue has unfolded. Waverley should resolve outstanding concerns transparently and fairly before national reform makes change inevitable.

A final thought: as of December 2024, Waverley is holding £33 million in collected CIL which the council estimates is earning around £124,000 in interest every month. That is a substantial public sum — and it underlines why residents expect confidence in how the system is administered.