Waverley Borough Council has agreed to refund the Community Infrastructure Levy (CIL) paid by a local resident following a detailed review of the case. The council concluded the original planning permission, which predated the introduction of the charge, had been implemented and therefore CIL did not apply.
Mr Dally, a resident of Guildford Road in Farncombe, first applied for planning permission to extend his property in 2018, before Waverley adopted the Community Infrastructure Levy in March 2019. A revised application was submitted in 2019 to amend the original plans, and extend the size of the extension to over 100m2. This was processed as a new full application, which resulted in a CIL charge being issued.
Mr Dally raised concerns about the way his application had been handled and subsequently brought his complaint to the Local Government Ombudsman. The Ombudsman found no fault with the council’s process and noted there is no legal obligation for councils to inform applicants about CIL during the application process.
Mr Dally also appealed to the Valuation Office Agency over the size of his CIL charge. The Agency concluded that the council’s calculation of the overall ground floor space was inaccurate, and the Community Infrastructure Levy bill should be £63,759 plus surcharges.
However, in January 2025, Mr Dally met with the council’s Head of Planning, Claire Upton-Brown, and Councillor Liz Townsend, Portfolio Holder for Planning and Economic Development. At that meeting, it was agreed that a fresh internal review would be undertaken.
Following a thorough review of the case, Claire Upton-Brown concluded that the original 2018 planning permission had been implemented, and therefore the subsequent 2019 application should have been treated as a Section 73 amendment to the original permission. On that basis, the CIL charge should not have been applied.
Key findings of the review:
- The 2018 planning permission was implemented with the demolition of the original extension and laying of foundations.
- The 2019 application, although initially treated as a full application, should have been processed as a Section 73 amendment.
- The additional floorspace proposed was under 100 square metres, and therefore no CIL charge should have applied.
Claire Upton-Brown, Head of Planning at Waverley Borough Council, said:
"This was a complex case involving a planning history that, in part, spanned a period before the introduction of CIL in Waverley. I had not previously been involved in the case, and having looked at all the facts, it is my professional view that the 2018 permission had been implemented, and the 2019 application should have been treated differently. We are therefore taking steps to refund the charge paid.
"We understand how difficult this process has been for Mr Dally, and we thank him for engaging constructively with the council. We’re committed to ensuring fair and transparent decision-making, and that includes listening to residents when concerns are raised."
Waverley Borough Council is currently developing a formal discretionary review process for CIL cases, which will allow homeowners to request a reassessment of their charge in cases where they believe an error has occurred.
ENDS