A homeowner threatened with court action, heavy fines, and imprisonment over planning fees has been told his fines will be dropped, enforcement ended and money returned after the council admitted it was wrong.

Steve Dally was granted planning permission in 2018 by Waverley Borough Council to demolish and replace an extension at his Godalming home – which was exempt from Community Infrastructure Levy (CIL) aimed at getting developers to contribute towards vital infrastructure

He was later hit with an unexpected £70,000 CIL charge with no right of appeal but that has not stopped him from fighting his case.

Now, Mr Dally has finally been told that all action against him has been dropped and any money paid will be returned after the council admitted it’s errors.

He described the news as one of  overwhelming relief but challenged the council to help the, at least, 20 others who say they are in the same boat.

The council has created a discretionary review for  those who believe they have been incorrectly charged,

It said Government regulations, which it is pressing to change, mean it can only pay out when the error is on the council.

It will also look at how it enforces any incidents of resident error going forward but this may take more than a year to come into action.

Speaking at the July 1 executive meeting of Waverley Borough Council, Mr Dally said: “One victim has sold his home, another has his on the market and is excluded from this review entirely.”

He added: “I hold up before you my own demand notice, which threatened me with seizure of my home, and imprisonment, unless I pay £70,000 immediately as we went into the first lockdown.

“This is not just a poor policy… It’s a disgrace in the way that it treats victims in Waverley.”

Officers at the meeting said: “The council did make the wrong decision.

Adding: “I am confirming that my decision is that we were wrong in pursuing CIL because we took the wrong decision about what planning route you had gone down and therefore your CIL notice will be withdrawn and your funds, and your payment that you’ve made to date, refunded.”

Issuing a statement afte the meeting, Mr Dally said:  “Of course we are grateful to finally be informed we will get a refund – the details of which have not yet been confirmed.

“Will we be compensated for the significant bank interest these errors have caused us?

“A sense of overwhelming relief, yes,  that in our case justice will now prevail  – but  what about others?  Will the discretionary review process adopted last night really help other victims?”

Mr Dally called the council’s discretionary review a start  but said it needed to go much further to correct injustice. 

He added: “What was said verbally last night is welcome and appreciated but an even more pragmatic approach would be welcomed.”