A CONSORTIUM of developers has failed in its bid to derail the Farnham Neighbourhood Plan and overturn the will of more than 10,000 Farnham residents at the High Court.

Following a two-day hearing in June, High Court judge Mrs Justice Lang handed down her judgement on Tuesday - dismissing Wates Developments, Bewley Homes and Catesby Estates’ argument that the government-appointed examiner’s approval of the Farnham Neighbourhood Plan was flawed.

Her ruling removes the last obstacle to the plan being formally adopted by Waverley Borough Council, and comes after a resounding 88 per cent of voters - 10,044 people - backed the community-led planning document to be used in determining planning applications in the Farnham area in a referendum on May 4.

Commenting on the outcome of the judicial review, Farnham Town Council leader and chief architect of the Neighbourhood Plan, Carole Cockburn said: “I couldn’t be more pleased.

“At last all the inspiration, hard work and dedication of so many residents, businesses and community groups has been rewarded and the Neighbourhood Plan can become part of the development plan and be used in determining planning applications in the Farnham area.

“The Neighbourhood Plan identifies where Farnham’s future development will go. As soon as it is ‘made’ by Waverley Borough Council, the plan will begin to shape the future of Farnham.”

The consortium’s challenge focused on the alleged failure of the neighbourhood plan to meet the basic requirements as required by law, its supposed reliance on “flawed” evidence and the risks to the Special Protection Areas in Farnham.

However, the judge dismissed all three grounds put forward by the developers - who each wish to build houses on sites not included in the Neighbourhood Plan - concluding that the original examination and report were both lawful.

She added Waverley was entitled to rely on the examiner’s recommendations in deciding that the Farnham Neighbourhood Plan met the basic conditions and should be put to referendum.

Exceptionally, Mrs Justice Lang also ordered that the consortium pay the legal costs of both Waverley and Farnham Town Council, recognising the essential role Farnham played during proceedings.

Since the May 4 referendum, adoption of the plan has been on hold pending the judge’s decision.

The next stage of the process will therefore be for Waverley to adopt the Neighbourhood Plan and for it to become a material planning consideration to assess future planning applications in the town.

Julia Potts, leader of the borough council, said: “In May 2017 Waverley held a referendum and asked the people of Farnham whether the plan should be adopted. They voted yes.

“We all recognise and understand the need for new homes. Residents want to see appropriate development with supporting infrastructure, but in the places that are right for their community and Local Plans and Neighbourhood Plans help to ensure appropriate development.

“This is a victory for the people of Farnham and its villages and for Farnham Town Council – this is their plan. Years of hard work have gone into getting the plan prepared and it has been robustly consulted on and reviewed by an independent inspector.

“I’m disappointed that the developers’ decided that a legal challenge was an appropriate course of action. But it is reassuring that the judge has awarded costs; Waverley and Farnham Town Council have had to use a lot of resources and public money to defend a democratic decision in the High Court.

“I hope these developers will now try to engage constructively with us for the good of the borough and its residents.”

A spokesperson for the consortium said: "We regret having to seek redress through the courts but will continue to work with the local community to seek solutions to the acute housing shortage in Farnham. 

“This includes the provision of much-needed affordable homes together with significant local social and transport infrastructure. We also acknowledge that meeting these needs of Farnham is not without strong feelings on either side.

“While our actions on this occasion may not have found favour with some, we remain committed to finding the right solutions and to working with the town and borough councils to deliver the homes and investment their community needs."

To now see the final version of Farnham’s Neighbourhood Plan see the website www.farnham.gov.uk/shapefarnham.

• In two further boosts to Waverley, a second appeal against the council’s refusal of planning permission for 46 houses at 35 Frensham Vale was dismissed by a planning inspector this week - while another developer CEG has also withdrawn its appeal relating to a proposed 130-home ‘hamlet in the woods’, also in Frensham Vale.

Bargate Homes submitted a revised application for 35 Frensham Vale in August 2016 after its initial plans were dismissed at appeal. When its amended scheme was again dismissed by Waverley, once again the developer launched an appeal against the council’s decision.

However, drawing heavily on the Farnham Neighbourhood Plan and citing concerns over the scheme’s potential ‘harm to the landscape’, the appeal inspector again sided with Waverley, commenting: “The adverse effects of allowing the appeal would significantly and demonstrably outweigh the benefits”.

Fellow developer CEG’s reasons for withdrawing its own appeal, which was due to be heard in September, were unknown as The Herald went to press.