Under the scheme, Waverley Borough Council has charged some residents up to £120,000 for minor paperwork errors made during home improvement projects.
Despite public outrage, the council has so far refused to overturn these charges.
In January, the full council voted to review all CIL cases. Since then, however, the authority appears to have backtracked, now citing legal advice and stating it will only issue refunds where the council itself made a mistake.
During a heated meeting of the council’s Overview and Scrutiny Committee on Monday (June 23) evening, councillors urged the executive to honour the original commitment.
They warned that failure to act fairly would permanently damage the council’s reputation, especially as Waverley faces a potential merger under the Government’s devolution plans.
Cllr Michael Goodridge (Conservative, Bramley and Wonersh) said the council had a duty to make decisions that were “proportionate, reasonable and fair, in line with the principles of natural justice.”
He said: “I have been on the council for over 25 years and as a retired deputy district judge I am ashamed of how our ouncil is treating these residents and the injustice of it, totally contrary to reasonableness, proportionality and fairness.
“I know some residents haven’t heard from the council in months or years, which makes it even worse.”
He also criticised how interest accrued on CIL charges had not been ring-fenced but instead absorbed into the council’s general funds.
“That is morally wrong. The interest alone could rectify the council’s unfairness many times over.
“What appals me is that if I fill out my tax return and make an honest mistake, I can write to the Inland Revenue to correct it.
“But if I make a mistake on a CIL exemption form, that’s it — no chance to amend it. This is totally contrary to justice.”
Cllr George Murray (Farnham Residents, Farnham Bourne) said: “When I became a councillor, I was proud to represent my community to the best of my abilities. But over the past six months, I’ve become embarrassed when people ask if I’m a Waverley councillor.”
Cllr Murray, who also serves as Mayor of Farnham, warned that the CIL saga was fuelling wider distrust of politicians.
“We’ve seen many examples recently of institutions that should serve the public instead focusing on protecting themselves.
“Sadly, I’ve witnessed some of the same here — every effort to avoid doing the right thing for residents, despite the clear will of councillors.
“We wonder why people feel powerless, why they think politicians are all the same, and why those offering simple answers gain support.
“I know right from wrong — and this is wrong,” he added.
“All these residents are asking for is a fair chance to have their cases heard. It’s our moral responsibility to give them that chance.”
He urged the committee to stick to the resolution passed by full council on January 28.
“Otherwise, I fear the final 18 months of this council could be permanently tainted,” he warned.
Cllr Carole Cockburn (Conservative, Farnham Bourne), who chaired the meeting, added: “It’s interesting you should use the word ‘ashamed’ — I’ve been on the council for over 20-odd years and I’ve never felt so ashamed of what we’re doing.”
Residents also spoke at the meeting. Ian Colvin, from Haslemere, received a £93,000 charge after his planning agent made a mistake on his form. He may be forced to sell his home to cover the costs.
He said the executive should consider offering a full review to every affected homeowner, regardless of who made the error, and a possible full financial settlement determined by an independent party.
The committee agreed to ask the executive to consider the reputational, legal and political risks of failing to comply with the motion passed by full council in January.
It recommended that the executive offer a full review to every affected householder and a possible full financial settlement, which could include ex gratia payments funded from CIL interest.
Previously, Waverley council leader Cllr Paul Follows said the authority’s ‘hands were tied’ on the issue. The Lib Dem confirmed he had written to Angela Rayner MP, Minister for Housing and Local Government, calling for the system to be urgently reformed.
The council’s legal advice has stated that under current legislation, CIL charges must be enforced strictly in line with national regulations, leaving little discretion to waive or amend charges once issued.
In a similar case, however, West Berkshire Council agreed to repay £200,000 to residents after facing comparable complaints about CIL charges.
Cllr Cockburn concluded: “Let’s hope this goes to the executive and we get some redress quickly and fairly.
“Because the one thing we must be is a fair, caring council — if we can’t be that, then what’s the point of being here?”
A decision on the CIL review will be taken at Waverley’s executive on July 1.
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