Court Challenge Halts Council's Flawed Community Infrastructure Levy (CIL) Demand (19 November 2025)

Duncan Lewis Solicitors has successfully overturned more than £26,000 in Community Infrastructure Levy (CIL) charges — plus thousands more in additional interest and surcharges — that were issued to a client by a local council.

James Packer, Director of Public Law at Duncan Lewis, led the challenge after being instructed by a client who had received a CIL liability notice for home modifications.

His team quickly issued a judicial review, arguing that the council had misinterpreted key provisions of the CIL Regulations, wrongly including parts of the development that should have been excluded.

The council initially rejected the challenge but after permission was granted, conceded errors, agreed to pay legal costs, and undertook to remake its decision.

However, in an extraordinary turn of events, it later reversed course — not only reinstating the CIL liability, but increasing the amount owed and adding further interest and surcharges.

Successful Outcome

Duncan Lewis maintained that the council’s new decision contradicted its earlier admissions and reintroduced points it had already accepted were wrong. Following this, officials withdrew all CIL liability notices relating to the development, marking a complete victory for the client.

James Packer, who led the case, said:

"It is extremely concerning that a public authority can acknowledge legal errors, then double down by issuing an even higher charge on the same flawed basis. This outcome underlines the need for proper oversight of how local councils apply the CIL regime — and shows that homeowners do not have to accept this kind of incorrect enforcement unchallenged."

Wider Context: Waverley's CIL Enforcement Under Scrutiny

The result follows a series of media reports criticising the frequently flawed approach to CIL enforcement, raising wider questions about accountability and consistency in how the levy is applied across England..

Understanding the Community Infrastructure Levy

The Community Infrastructure Levy (CIL) was introduced in England and Wales under the Planning Act 2008 as a way for local authorities to secure financial contributions from developers to help fund infrastructure such as roads, schools and healthcare facilities. The charge applies to most new developments over a certain size, with councils calculating the levy based on the floor space created. While the policy was designed to make developer contributions more consistent, in practice it has become increasingly controversial. Homeowners and small developers have criticised the system for its complexity, inconsistent enforcement, and for being applied inappropriately to minor residential works, leading to what many see as unfair and disproportionate bills.

About James Packer

This matter was handled by Public Law Director James Packer.

James Packer is a highly regarded public law Director, consistently recognised as "exceptional" and "outstanding" by Chambers and Partners and The Legal 500. He has extensive experience in high-stakes litigation, regularly conducting test cases on matters including access to the courts, unlawful detention, enforced removals, and legal aid refusals. James frequently appears in the Court of Appeal, particularly in costs and procedural challenges.

For advice contact James via email at jamesp@duncanlewis.com or via telephone on 07920077042.

About Duncan Lewis Solicitors

Duncan Lewis Solicitors is one of the UK's largest law firms, providing specialist legal services in immigration, family, public law, and other key practice areas. Based in the City of London with offices nationwide, the firm is recognised for its commitment to excellence, holding the Investors in People Gold Standard Accreditation. Duncan Lewis combines expert legal knowledge with a client-focused approach and strong social responsibility, delivering exceptional support to individuals and families across the country.