The row over Waverley’s handling of Community Infrastructure Levy charges continues to rumble on after a High Court ruling was seized on by both political sides at the council.

Conservatives and Liberal Democrats traded fresh blows this week after a judgment appeared to suggest that Waverley Borough Council cannot lawfully cancel CIL charges once they have become due.

The ruling in the R (Luck) v Bracknell Forest Borough Council case has been cited by the Lib-Dem leadership as confirmation that once a valid CIL charge is triggered, councils have no power to waive it.

The judgment follows months of political disagreement over whether WBC had any discretion to cancel charges where homeowners or their agents failed to follow the correct process.

Some residents have faced bills of up to £100,000 after making unintended errors in the planning application process while building annexes or extensions.

Liberal Democrats claim the ruling has left Waverley’s Conservative opposition “red-faced” after giving residents “false hope” that bills could simply be waived.

They argue the court has now made clear that CIL is set out in national legislation and cannot be cancelled once it is legally due.

Lib-Dem Cllr Liz Townsend, Waverley’s 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.”

The Lib Dems also pointed to the introduction earlier this year of an independent discretionary review process for householders who believe they may have been wrongly charged.

However, Waverley Conservatives have dismissed the Liberal Democrat response as “political spin” and insist the real problem lies with both the national CIL system and the council’s local handling of cases.

They argue the system unfairly punishes ordinary homeowners for minor administrative errors, and claim the Lib-Dem-led council has failed to act with compassion or urgency.

In November, Godalming and Ash MP Sir Jeremy Hunt, Farnham and Bordon MP Gregory Stafford and Conservative group leader Cllr Jane Austin met housing minister Matthew Pennycook to raise the issue.

Mr Hunt said: “Waverley Lib Dems’ behaviour on the CIL scandal remains outrageous.

“At our most recent meeting, Minister Pennycook confirmed that Waverley’s actions were not in line with the intention of CIL regulations – and that the law is being changed, he hoped in the New Year 2026. The Minister also confirmed that he had great sympathy with those hit.”

Conservatives also point to motions passed at council meetings calling for a proper refund and review scheme and an independent review of CIL practices at Waverley.

Cllr Austin added: “Local people have been financially harmed by a punitive system and a council that, in some cases, took over five years to listen and act.

“Applicants to Waverley’s CIL review scheme state they have faced a wall of silence from the council despite being told they would receive an outcome months ago. This is just not good enough.

“As Conservatives, we remain focused on supporting residents and the CIL Injustice Group, demanding real action to achieve justice and secure a change in the law. A court ruling does not change these core issues.”

Conservative Cllr Peter Martin said residents facing charges were not developers but “families, retirees and people extending homes to meet changing needs”.

“To dismiss their concerns as ‘misinterpretation’ is insulting and adds to the extreme distress they are already experiencing at the hands of this council,” he added.

“The fact that Waverley only introduced its discretionary review process after sustained pressure from Conservatives and affected residents speaks volumes.”

Campaigners affected by the charges have also issued a statement accusing Waverley’s Liberal Democrats of failing to honour earlier promises of support.

The CIL Injustice Group said: “The Liberal Democrat administration at Waverley Borough Council has issued yet another press release that, in our view, misleads the public and trivialises the real suffering of local homeowners caught up in the council’s Community Infrastructure Levy regime.

“At a time when trust in WBC is already fragile, it is astonishing - and deeply troubling - that the administration appears more interested in political point-scoring than in addressing the people it has harmed.”

They criticised the council’s discretionary review scheme, adding: “That is not discretion — it is a legal duty presented as benevolence. Correcting the council’s mistakes is not optional; it is an obligation.”

The group also claimed at least one family had been forced to sell their home because of a charge linked to paperwork they were never told to submit, and that their appeal has remained unresolved for four months.

They added: “Residents have never asked WBC to overturn national legislation. What residents asked of WBC was far simpler: treat victims fairly, use genuine discretion, and respect the human impact of disproportionate penalties, just as many other councils have done.”

More than 500 residents have now signed a petition calling on the council to honour its commitments on discretionary reviews and support an independent investigation into the planning department.

The group said: “Trust in WBC has been severely — and perhaps permanently — undermined.”