Community Infrastructure Levy: Homeowners

John Milne Excerpts

Wednesday 29th April 2026 Westminster Hall

[Gideon Amos (Taunton and Wellington) (LD)]

It is a pleasure to serve with you in the Chair, Mr Turner. I congratulate the right hon. Member for Godalming and Ash (Sir Jeremy Hunt) on bringing this important and overdue consideration of CIL to Westminster Hall.

We have heard some powerful contributions, and it is clear that there is a widespread and serious problem. Families are facing bills of £40,000 to £70,000—in some cases over £200,000—for what often amounts to a missing form. That is an awful and unacceptable situation, and it can be life-ruining for those involved. The lack of appeal, the mounting interest and the threat of people losing their homes are all real injustices. The system is broken and needs to be changed.

The Liberal Democrats agree with much of the substance of what has been said, but I must be direct with the right hon. Gentleman: Waverley borough council’s CIL charging schedule, which sets all the rules for the charging of CIL, all the forms and all the processes were put in place by the Conservative council administration a few years ago. The Liberal Democrat authority is doing its best to manage the system that was put in place by its predecessors. His party had ample time in government to fix the issue and, as we have heard, did not do so.

On the question of the discretion available to councils, the position is fairly clear. In December 2025, the High Court handed down a judgment in Luck v. Bracknell Forest borough council, and was unequivocal that once a valid CIL charge has fallen due, councils cannot lawfully cancel it. Councils find themselves with no alternative. Depending on what lies behind the original mistake or inaccurate charge, councils simply cannot wipe away the charge, as the Court has determined.

[John Milne (Horsham) (LD)]

The CIL rules manage to be too inflexible and too vague at the same time. My constituent Ruth has had to pay a £38,000 CIL charge because unfortunately her husband did not submit the correct forms, as a result of what turned out to be Alzheimer’s. As my hon. Friend said, any potential refund would be technically against the law, and the Government say they cannot intervene in the case because the correct rules have been followed. Does my hon. Friend agree that, while waiting for further legislation, the Minister needs as a matter of urgency to issue new national CIL guidelines and give councils clarity, consistency and the ability to correct injustices where appropriate?

[Gideon Amos]

My hon. Friend is absolutely right. He makes the excellent suggestion that not only should we have guidance, but the regulations themselves need to be changed, in many of the ways that other hon. Members have already mentioned.