Council to refund Godalming resident following review of Community Infrastructure Levy case

Steve 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 by the council as a new full application, which resulted in a CIL charge being issued.

Mr Dally appealed to the Valuation Office Agency over the size of the CIL charge. The VOA 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 Cllr 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 review of the case, Ms 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.

In light of the review, the council revealed it is to develop 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.

The Community Infrastructure Levy is a planning charge on new developments that helps fund infrastructure needed to support growth, such as roads, schools, parks, healthcare facilities and community spaces

Developers, including homeowners, are usually liable for CIL if their building project creates an additional floor space of at least 100 square metres or if they create a new dwelling.

Commenting on the case, 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."

Lottie Winson