A REFERENDUM on the Farnham Neighbourhood Plan will go ahead as planned today (Thursday) - after a consortium of developers withdrew a High Court injunction claim at the 11th hour.

However, the threat of legal action still looms large over Farnham’s community-led planning blueprint, after Waverley borough and Farnham town councils agreed to an ‘expedited’ hearing at the High Court this June in order to conclude the challenge as quickly as possible.

It comes after three house builders - Bewley Homes, Wates Developments and Catesby Property Group - applied to the High Court last week to halt the May 4 public vote pending a judicial review of the Neighbourhood Plan.

A hearing was hastily scheduled at the Royal Courts of Justice to determine the injunction claim on Tuesday, which if granted would have resulted in the loss of thousands of pounds in public money already spent organising the referendum.

But, after an agreement was reached by all parties, a High Court judge agreed to ‘vacate’ the hearing just hours before it was set to open, meaning the referendum can now proceed unimpeded.

An estimated two-day judicial review will now follow the vote “no later” than June 15 - crucially ahead of Waverley’s own Local Plan examination hearing on June 27.

This will determine whether the Farnham Neighbourhood Plan meets the “basic conditions” for a lawful development plan, as challenged by the consortium of developers.

In the event of a majority ‘yes’ vote in favour of the plan on May 4, Waverley will be duty-bound to implement the Neighbourhood Plan as policy within eight weeks of the referendum.

However, this looks set to go down to the wire, after the council confirmed this week it “will not consider the outcome of the referendum until the judicial review has been heard”.

The consortium said in a statement: “While Bewley Homes, Wates Developments and Catesby Property Group are pleased with the court’s decision to hear their legal challenge, they continue to regret having to seek redress through this route.

“Their grounds for challenge have been consistently made and are not new. They are focused on the failure of the plan to meet the basic requirements as required by law, the reliance on flawed evidence and the risks to the Special Protection Area (SPA) in Farnham.

“The claimants have interests in two schemes currently at appeal which propose on-site ‘Suitable Alternative Natural Greenspace’ to mitigate the impact of development on the SPA.

“The group continue to hope that the challenge will be resolved as soon as possible and they will move forward to address the acute housing shortage in Farnham, including the provision of much-needed affordable homes together with significant local social and transport infrastructure.”

The claimants’ schemes currently at appeal include Bewley Homes’ plans for 140 homes in Lower Weybourne Lane, and Wates’ proposed 157-home development in Waverley Lane - both on greenfield sites.

A third scheme, Bewley Homes and Catesby Property Group’s joint plan for 102-homes on fields opposite Farnham Park in Upper Old Park Lane, was refused planning permission by Waverley last June.

All three development sites have been excluded as appropriate locations for housing in the Farnham Neighbourhood Plan.

David Howell, chairman of the Farnham Society planning committee and a leading member of the ‘Say Yes’ campaign backing the Neighbourhood Plan, said: “I am extremely pleased that the consortium have withdrawn their application and the referendum will proceed on Thursday, May 4, but disappointed that they haven’t seen sense and also withdrawn their application for a judicial review.

“The residents of Farnham will, I am sure, vote heavily in favour of the Neighbourhood Plan, exercising their democratic right to have their say in the development of their town.

“The developers forming this consortium appear to question whether residents should be able to have a say. I strongly believe that residents should have a say and the referendum will be their way of them making their voices heard.

“A positive vote will mean that the Neighbourhood Plan will be meaningful, that the plan will be close to being ‘made’ or adopted and so carry considerable more weight legally.

“On the basis that the judicial review does take place I would very much like the judge to dismiss it on the conclusion of the hearing and not further delay the adopting on our plan.”

Farnham Town Council agreed to delay the High Court until after the referendum to give voters “clarity”, but has requested that the developers repay its legal costs having already instructed a barrister, solicitors and a planning consultant to fight the injunction claim.

Iain Lynch, Farnham Town Council clerk, said: “We’re pleased that the potential uncertainty over the referendum taking place has been resolved, and we look forward to having the matter resolved as soon as possible without further cost to the taxpayer.

“I would encourage everyone to vote on May 4 and take part in shaping the future development of Farnham.”

The Farnham Neighbourhood Plan, which has been led by Farnham Town Council and is the result of more than three years’ public consultation, sets out a community-led blueprint for development in the town up to 2031.

Find out about planning applications that affect you by visiting the Public Notice Portal.

More than 29,000 Farnham residents are eligible to vote in the referendum on Thursday, May 4; the same day as the Surrey County Council elections. The result will be announced online at www.farnhamherald.com as soon as possible tomorrow (Friday) afternoon.