A LEGAL battle between a group of Farnham residents and Surrey County Council over a pavement vital to a proposed development of 157 new homes in Waverley Lane has reached the county court.

A hearing was held at Guildford County Court on Tuesday, March 13 to decide if developer Wates Developments Ltd could join as a "third party" in the case of Abbots Ride Land Ltd vs Surrey County Council.

The judge allowed Wates to join the action, but in a minor victory for the residents ruled the developer must bear its own costs - removing the possibility that Abbots Ride Land Ltd could be forced to pay the developer’s legal fees should it lose the case.

Wates was refused planning permission for the homes either side of Waverley Lane at Compton Fields in 2015 by Waverley Borough Council, on the grounds that the harmful impact on the landscape outweighed the benefits of extra housing.

The developer appealed Waverley’s decision, and is still awaiting the ruling of a government planning inspector almost 18 months after a public inquiry was held to determine the issue.

Meanwhile, a group of Abbots Ride residents launched a legal challenge last October, contesting Wates’ right to build a pavement linking its development to Farnham, having jointly purchased the 500ft strip of land on the southern edge of Waverley Lane in 2005.

Surrey County Council claims the verge is part of the adopted highway and can accommodate the pavement - but this is fiercely contested by the residents.

Abbots Ride Land Ltd said in a statement after the March 13 hearing: "Although disappointed that Wates have been allowed to join in the action, thus making it longer and potentially more expensive for all parties, the company is pleased that the judge said that Wates should bear their own costs, even if the judge finds in favour of them and the county council at the full trial. Abbots Ride Land Ltd is looking forward to the hearing of the action in June.

"Abbots Ride estate has always marked the end of the built-up area on the south east side of Farnham. The disputed verge has never been used by the public because it led nowhere and has always been regarded as part of the estate."

A Wates spokesman added: "Wates Developments applied to be joined as a party in these proceedings to support Surrey County Council in defending the status of the adopted highway on Waverley Lane and public rights of way.

"Without public rights of way along this part of Waverley Lane, pedestrians are forced to walk in the carriageway which is not in the interests of highway safety. "Our interest in this matter arises from our proposals for 157 new homes at Waverley Lane which will bring forward many benefits including; 63 badly needed affordable homes, over £1,200,000 towards local school improvements and £400,000 towards highway improvements including an upgrade to the public footpath along Waverley Lane.

"This would serve the wider community and allow for public access to over 14 acres of open space and SANG land which is currently in private ownership."

A Surrey County Council spokesman said: "We believe this land is part of the public highway and can be used for a footpath - while we are entirely neutral on the issue of the housing development, if it is granted planning permission we want to make sure the developer provides safe and appropriate pedestrian access for residents."

The action continues.