A LAST-ditch attempt by a group of developers to derail the Farnham Neighbourhood Plan ahead of next month’s make-or-break referendum has prompted an indignant response from the community.

Three house builders - Bewley Homes, Wates Developments and Catesby Property Group - have written to Waverley and Farnham councils threatening to legally challenge the outcome of the Neighbourhood Plan examination, ahead of the public vote on May 4.

The grounds for the consortium’s challenge reflect the developers’ concerns as set out at the plan’s examination hearing last November and again in submissions to the independent examiner this January.

They claim the community-led Neighbourhood Plan fails to “meet the basic requirements as required by law”, relies on “flawed evidence” and risks harm to the Special Protection Areas (SPAs) surrounding the town.

A statement issued on behalf of the consortium reads: “The legal challenge is an action to which the group of developers have given a great deal of consideration and have only entered with real regret.

“Unfortunately, [the consortium’s] concerns have not been addressed by the examiner, the town council nor the borough council and as a consequence, the three parties believe legal challenge is the only remaining recourse available to them.

“Given the ongoing housing supply crisis that exists in Waverley and across the UK, the group is focused on meeting the critical need for sustainable, new home developments and delivering the local social and transport infrastructure to support that growth.”

However, the consortium’s motives have come into question, given all three developers are pursuing developments on greenfield sites not promoted for housing in the Neighbourhood Plan. These are listed as follows:

• Bewley Homes’ 140-home development on the last remaining green field between Badshot Lea and Weybourne in Lower Weybourne Lane, currently at appeal after Waverley’s refusal of planning permission in July 2015.

• Bewley Homes and Catesby Property Group’s joint plan for 102-homes opposite Farnham Park in Upper Old Park Lane, Folly Hill, refused by Waverley last June.

• Wates Developments’s 157-home development either side of Waverley Lane, currently awaiting the result of an appeal inquiry following Waverley officers’ refusal in July 2015.

David Howell, chairman of the Farnham Society’s planning committee, said: “The developers are aggrieved that they didn’t get their way at the Neighbourhood Plan examination and that the plan was found to meet conditions subject to minor amendments - not as they had hoped.

“I consider their claim that they have entered into this challenge with ‘real regret’ and that the group is focused on meeting ‘critical need’ does not accurately convey their true purpose – profiting from unrestricted building of houses in Farnham, irrespective of the actual numbers required to reach the level of future demand.

“The challenge goes against the government’s wish for democracy in allowing local residents to decide where housing is to be built. I very much hope that this legal challenge doesn’t delay the date of the referendum and that the consortium are not given leave to challenge the result.”

Both Waverley and Farnham council’s have also expressed hope that the threatened legal action will not set back the May 4 vote.

A Waverley council spokesperson said: “The council has received a threat of a legal challenge and is currently seeking legal advice. However, the Farnham Neighbourhood Plan referendum is proceeding as planned.”

Iain Lynch, Farnham Town Council clerk, added: “We have taken our own legal advice and are working closely with Waverley, who are responsible for organising the referendum.

“From our perspective there is no reason why the referendum should not go ahead and the views of the community sought on whether or not the Neighbourhood Plan should be used to help determine future development in Farnham.”

Responding to the challenge, the Department for Communities and Local Government (DCLG) has confirmed the May 4 vote on the Farnham Neighbourhood Plan will be going ahead as planned.

A DCLG spokesman told The Herald: “Legally the Farnham Neighbourhood Plan referendum has got to go ahead on May 4 regardless of any legal challenges.

“It is also a statutory requirement that if the referendum is in favour of putting the Neighbourhood Plan in place, the local authority has to implement that plan within eight weeks.

“Any subsequent legal action will be dealt with separately.”

The Farnham Neighbourhood Plan is the culmination of more than four years’ exhaustive work on the part of residents, councillors, businesses and societies across the town.

It sets out a vision of how the community wishes the town to develop over the next 15 years, identifying preferred sites for new homes, shops and businesses, the type of development and what infrastructure should be provided.

An independent examiner Derek Stebbing has carefully scrutinised the document, and has cleared the plan to proceed to a final public vote on May 4, coinciding with the county council elections.

The question on ballot papers will be: “Do you want Waverley Borough Council to use the Neighbourhood Plan for Farnham to help it decide planning applications in the neighbourhood area?”

A majority vote is needed for the plan to be made and to become formal planning policy for Farnham.

Anyone wishing to vote in the referendum and/or county elections on May 4 must register by Thursday, April 13 online at www.gov.uk/register-to-vote.

A full copy of the Neighbourhood Plan is available to view online at www.farnham.gov.uk/shapefarnham.