Steve Dally never expected a minor tweak to his home improvement plans would end in a life-altering legal standoff.
What began as a routine planning permission amendment, spiralled into a punitive bill, threats of repossession, and five years of unrelenting pressure.
Now, Waverley Borough Council admits it got it wrong, but only after one man forced their hand.
A mistake buried by bureaucracy
In 2018, Dally received planning permission to rebuild his rear extension. It was exempt from the Community Infrastructure Levy (CIL).
A year later, he made a minor amendment, but the council treated it as a brand-new build and to his surprise the council issued a £70,000 charge.
“I was blindsided,” Dally said. “It was a technicality. But it nearly ruined us.”
The council refused to budge. Letters, threats, and interest charges followed. “You wouldn’t treat a dog this way,” he said in 2024.
When should CIL charges apply?
The Community Infrastructure Levy is a planning charge that local authorities in England and Wales can impose on new developments to fund local infrastructure.
It generally applies to new residential builds or developments exceeding 100 square metres of new floorspace. Exemptions exist for self-build homes, charitable developments, and residential extensions or annexes that meet certain criteria.
In Dally’s case, the original extension was correctly deemed exempt, but a subsequent minor amendment was treated by Waverley as a new development - a controversial interpretation that triggered the £70,000 charge.
Why did it take so long?
For five years, Waverley held its line. Senior officers maintained that the CIL charge was correct under the law. No appeal process existed.
“The system was set up with no safety net,” admitted Liberal Democrat councillor Liz Townsend. “Even when mistakes happened, we had no way to fix them.”
Internal pressure mounted. Councillors and campaigners said the council was ignoring common sense. But Conservative group leader of Waverley Council, Jane Austin, called the eventual refund “too little, too late.”
“This delay was avoidable. Residents suffered,” she said in July.
One man’s fight changes the rules
Dally refused to walk away. After media coverage, petitions, and help from councillors, Waverley finally agreed to review CIL errors in January 2025.
On July 8, the council formally admitted its mistake and confirmed Dally would be refunded almost £64,000. A new scheme will now assess other disputed charges.
“I’m still in shock,” Dally said. “But this was never just about me. It’s about stopping it from happening to anyone else.”
