Council will not move on CIL payment appeals

‘Morally and ethically wrong’ as community levy plunges residents into debt

WEST Berkshire Council has refused to give an inch over residents’ mistakenly-incurred debts.

In February, the district council was branded “morally and ethically wrong” for reportedly allowing citizens to fall into debt traps of tens of thousands of pounds.

The issue was first raised by this newspaper in 2019, when former district council leader Gordon Lundie accused his own authority of allowing a Lambourn builder to unwittingly face financial ruin.

Since then, some other Conservative councillors have expressed disquiet.

But at a meeting of the council’s executive committee last Thursday, members refused calls for an independent investigation into its handling of Community Infrastructure Levy (CIL) payments.

Jeff Brooks (Lib Dem, Thatcham West) told the meeting he was “aghast” at the council’s stance.

But the Conservatives who run the council pointed out that two cases involving bills totalling £90,000 were reviewed by the Local Government Ombudsman and that the council’s CIL team have been audited twice – but no issues were identified.

Hilary Cole (Con, Chieveley and Cold Ash) said it would cost the council £20,000 to hire independent investigators to review CIL collections and branded the sum “an unnecessary cost”.

She added: “The error clearly lies with the applicants’ agents, who were, along with the applicants, given several opportunities to get things corrected.

All of the paperwork sent to applicants clearly states it is the responsibility of the applicant to submit the correct information in the correct manner.

“Our website also has comprehensive and clear guidance on CIL submissions.”

Graham Bridgeman (Con, Burghfield and Mortimer) said both cases had already been “investigated at length” and that it was clear the council’s CIL team “are not blindly charging applicants for the sake of it”.

The council has taken CIL payments for 2,374 developments carried out in West Berkshire since 2015, but there have been fewer than 50 appeals and 25 complaints.

Eight of those complaints have been upheld following independent investigations.

Mr Brooks said after the meeting: “The ombudsman looked at narrow, legal issues. But the council has failed in its moral duty.

“This is a local authority with £30m in reserves, but they’ve chosen to dig their heels in and refuse to admit they’re ethically in the wrong.”

Last May, housing minister Christopher Pincher intervened and said West Berkshire Council could review the CIL2 payment demands at any time – if it wished to.

Claire Rowles (Con, Hungerford and Kintbury) has previously told this newspaper: “I believe we should be helping residents through what is, after all, a very complex process.

“The council is able to review these cases at any time.

“I believe it’s morally and ethically wrong not to.”