Could Waverley’s CIL Debacle be over? Bar the shouting?

Barrister KC Simon Bird has spoken on the vexed question of the Community Infrastructure Levy.

The link below is to Legal Advice, which some councillors believe should have been sought earlier.

One councillor, Jerry Hyman from Farnham, believes the legal advice should be challenged. 

Appendix 1 – Waverley CIL Advice

Can ‘Your Waverley’ ignore it and reimburse complainants, some of whom may lose their homes? The answer is yes, if the council made a mistake. However, if homeowners or their agents made mistakes, their cases will be assessed by someone completely Independent of the council in a Discretionary  Case Review. The review will now include “self-build” homeowners.

Last night, the temperature at Waverley Towers hit boiling point when  Planning Portfolio Holder Cllr Liz Townsend called for residents who believed they were affected to come forward and have their cases examined.

There have been some absolutely shocking accusations made by the opposition and others accusing us of entrapment and coersion and some rash comments made her tonight questioning the independence of an adjudicator.

We will deal with his promptly, responsibly and transparently and obey the law.

For three hours in stifling temperatures, members of Waverley’s Executive, together with the chief planning officer and council lawyers, advised members on matters of law. Leader Paul Follows, then a new councillor, was a lone voice in 2018 when he opposed some of the CIL legislation when it was introduced. He stressed the council needed to act lawfully to prevent a `Judicial Review.

When Cllr Carole Cochburn called for action on behalf of the Tory Group, Cllr Follows told her. “You voted for it in 2018 – I didn’t.” 

The council has issued a call for the Government to reform the Community Infrastructure Levy system urgently.

In a letter, Cllr Paul Follows, leader of Waverley Borough Council, raised serious concerns over what he described as inflexible, complex, and unfair regulations affecting homeowners. He said the levy was meant to be a simpler, faster and more transparent way to fund local infrastructure, but had become a confusing and unforgiving process where small, honest mistakes can leave residents facing life-changing financial penalties.

The Tories, including Jeremy Hunt’s bag carrier Cllr Jane Austen, have  made a drama out of a crisis and have been waxing lyrical for months about the infrastructure levy, which has left some borough residents “impoverished.” 

Either personally or through an agent, some individuals incorrectly completed planning application paperwork, while others started work and sought permission retrospectively. It is believed that 20 homeowners could be affected.

The levy, which provides funding for roads, schools, recreation, and medical facilities ( infrastructure), is imposed on homeowners who extend their properties by 100 square metres. Or more.

Under current rules, large home extensions can incur significant charges if homeowners unintentionally fail to follow the strict application processes. This has hit some in Waverley hard.

It can be as simple as missing a single step in the application process, and the council says this leaves them with no legal discretion to intervene.

Not enforcing the levy is also not an option, as it is attached to the property rather than the individual, which would impact future sales.

Earlier this month, the Tories called for all residents “stung~” by the levy to be reimbursed following a similar issue in West Berkshire, regardless of who made errors in “complicated paperwork.” Now they want all residents to receive ex gratia payments from the council’s coffers. Some councillors believed that planning officers should have helped householders with complicated paperwork. All at a time when planning officers, countrywide, are thin on the ground!

 Cllr Carole Cockburn said recently: “We are supposed to be the experts in this.

“If we don’t help the amateurs to deal with this paperwork, to deal with these strict regulations which we know are difficult, then I think we are failing in our duty of care.

“You can’t expect amateurs just to absorb it overnight.”

CIL was introduced by the Tory government and implemented by Waverley’s previous Tory administration in 2018. Neither the officers nor the previous administration have queried its efficacy until recent issues came to light. 

Some Councillors have said that now Waverley has a golden opportunity to put this right. Failure to do so will cause significant damage to the reputation of this council in its final administration before it’s dissolved in a couple of years, making way for a unitary authority. It would be a tragedy for the council if CIL injustice to residents is what it’s remembered for.

Cllr Follows said: “If the council makes an error, we’ll do everything we can to put it right. But when a resident makes an honest mistake, our hands are tied. That’s why we need national reform. Councils must be given the flexibility to act with fairness and common sense.”

He added: “It’s hard to justify the same bureaucracy and penalties for someone simply trying to build a granny annexe or extra bedrooms.

“We’re asking the Government to act now on reforms promised more than a decade ago.”

The council will report on the progress of the case review in three months.

Late last year, it emerged that residents had received hefty and unexpected planning fees, with some having to sell their homes to avoid serious court action. CIL levies, which were once imposed only on large-scale developers, are now being sought by cash-strapped councils across the nation.

The CILly Season began early this year at “Your Waverley.’