Tories left red-faced after High Court backs Waverley’s position on CIL

For months, local Conservatives have been telling residents that Waverley Borough Council could simply choose to cancel Community Infrastructure Levy (CIL) charges — even where homeowners or their agents failed to follow the mandatory steps set out in national legislation.

They repeatedly insisted the Council could “use its discretion” to wipe these bills away.

That was never true — and a recent High Court judgment has now confirmed it (R (Luck) v Bracknell Forest Borough Council [2025] EWHC 2984 (Admin)).

The judge made the law crystal clear:

CIL is established in national legislation. Once a valid charge becomes due, councils cannot lawfully cancel it.

So while Conservatives sought political advantage, residents were left with false hope — and completely avoidable stress and financial anxiety. Worse still, if the Council had done what they demanded, it could have faced costly legal action at taxpayers’ expense.

This ruling should finally put an end to the confusion. Anyone undertaking a building project must follow the CIL process from the outset — or risk charges that cannot be undone.

Lib Dem Councillor Liz Townsend, Portfolio Holder for Planning and Economic Development, said:

“The Conservative group has been reckless in leading residents to believe a local council could overturn national legislation. Their misinterpretation has caused worry and frustration for householders already in a difficult situation.

I am pleased the court has confirmed that Waverley has acted entirely within the law. We will continue to press Government for changes that treat homeowners more fairly and allow genuine mistakes to be corrected.”

Waverley Borough Council has nevertheless taken action to support residents wherever possible. Earlier this year, the Council launched a new, independent Discretionary Review process for householders who believe they may have been wrongly charged CIL.

Residents can find full details and apply here.