Community Infrastructure Levy: Homeowners

Debate between Gideon Amos and Jeremy Hunt

Wednesday 29th April 2026 Westminster Hall

[Sir Jeremy Hunt]

That is quite an unusual thing to be told by the Chair, Mr Turner. I thank you for chairing this important debate and I thank all hon. Members present for some excellent contributions. I particularly want to thank my neighbour and hon. Friend the Member for Farnham and Bordon (Gregory Stafford) for his tenacious campaigning on this issue on behalf of my former constituents in Farnham and Haslemere. He made an excellent contribution. I also want to thank the shadow Minister, my hon. Friend the Member for Orpington (Gareth Bacon), who typically gave a very thoughtful and clear exposition of the issues we face. I also thank hon. Members from other parties who have spoken and intervened.

Before I come on to the Minister’s comments, I want to comment on what was said by the hon. Member for Taunton and Wellington (Gideon Amos), because it was directly about my own local authority. He was right to say that a council cannot lawfully cancel a charge after it has become liable, but that does beg the question why there have been countless injustices in some councils, but not in others, and that is because there has been an element of choice in the way local authorities have decided to go about things.

To make the point that I am not being party political here, Lib Dem West Berkshire has chosen to be reasonable, do the right thing and make sure there is justice for people unfairly caught in the CIL trap, but Lib Dem Waverley has not. It has been in power for seven years and Waverley residents, a number of whom are watching this debate, have suffered badly.

[Gideon Amos]

The right hon. Gentleman is absolutely right that residents need redress. I will simply place on the record again that the nature of the errors or mistakes in charging can be different from one authority to another, which was very much the case with West Berkshire, where the nature of the charges being made wrongly was a different procedural error and therefore a different remedy could be applied. I hope that, in the spirit of being non-tribal with which he began this debate, he will accept that that is actually a fact.

[Sir Jeremy Hunt]

I absolutely accept that. Again, in that spirit of being non-tribal, the hon. Gentleman will know the number of times that his party and other parties have talked about the 14 years in which we had opportunities to fix things that we did not fix, so he will appreciate that the Liberal Democrats in Waverley have had seven years to fix the issue and have failed to do so. That is why so many people from Waverley are looking at this debate carefully. But he is correct to say that all councils have to operate within the law.

I want to move on to the Minister’s comments. First, I thank him for the interest that he has shown right from the start. I want to put on the record that the number of people affected is relatively small in the grander scheme of things, and it would have been easy for the Minister to decide there were other priorities. It is about 100 families—maybe a bit more, maybe a bit less—so the Minister could easily have decided to focus on other areas, but he has not. He has spent an enormous amount of time trying to address this. That is the right and proper thing for a Minister in a democracy to do; if there is an injustice that even affects one person, it is incredibly important that Ministers take note, and he has really done that.

The Minister also clarified the problems with the 2014 exemptions introduced by the coalition Government, which were designed to ensure that householders were not caught up in these regulations, but did so through such a bureaucratic and cumbersome process that many inadvertently have been. The issue of particular complexity relates to householders’ immediate liability from the moment that building starts, which seems entirely reasonable for a professional developer, but entirely unreasonable for a homeowner who may not be aware of that element of the law.

It is extremely welcome that the Government are going to consult on the CIL regulations. As a former Government Minister, I feel a tremendous amount of frustration and pain at the need for endless consultations. They can be of value, but they also slow things down. I recognise that the Minister wants to do this fast—I did groan when he said, “as soon as possible,” but then when he said, “before the summer break,” I took some encouragement. I think this is something that is moving forward.

In the options that the Minister consults on—he cannot respond to this, but it is something to take away—could we find a way of removing homeowners from CIL liability altogether? That way we move away from a system that is purely based on the square meterage of a development, to one based on the type of person doing the development. Could we change the regulations so that homeowners can at least always apply for an exemption retrospectively if an error has been made? Not being able to do so offends natural justice, and was an unintended consequence of the complexity of the original regulations.

I am grateful to the Minister for confronting head-on the fact that for many people, this is about getting justice for something that has happened, not ensuring that injustice does not continue to happen. He has been very open with me about the legal complexities involved, and I know from my time as Health Secretary how difficult it is to reopen retrospective cases. The Minister’s Department has enormous influence over local authorities, however, not least through setting their grants, so if the Department chose, it could find a way to put councils under pressure, where there are outstanding CIL cases and injustice, so that those cases get solved.

I recognise that what I ask is not easy, but it is absolutely the case that local councils are extremely dependent on the Minister’s Department for large chunks of their financing. I ask him to consider what levers he has at his disposal to make this happen, while at the same time thanking him for his ongoing interest and determination to address the issue. The final thing I will say is that I know someone in the Public Gallery got up at 4 am to attend this debate. I thank that person and all the CIL Injustice Group for their tenacious campaigning to try to right a truly awful wrong.