WAVERLEY Borough Council has temporarily suspended planning decisions for new residential developments in the 5km buffer zone of the Thames Basin Heaths and Wealden Heaths Special Protection Areas (SPAs) - restricting development in Farnham and much of the area south of the town.

It comes after a new ruling by the European Court of Justice (C-323/17 - People Over Wind and Sweetman 2018) relating to the Habitats Directive appeared to render the ‘enabling’ mitigation measures Waverley relied on in part one of its Local Plan – adopted in February, which allocates strategic sites for housing – as invalid.

Waverley’s SPA avoidance strategy, as approved by Natural England, aims to offset the impact of new development within 5km of the SPA by providing Suitable Alternative Natural Greenspace (SANG) - in Waverley’s case by improving access to Farnham Park.

However, following concerns raised over the environmental impact of a new wind farm in County Laois, Ireland, the ECJ was asked to determine whether mitigation measures can be considered, as the wind farm’s applicants maintained, at the screening stage of a particular development or, as the objectors insisted, at the stage of an appropriate assessment.

In its judgment the ECJ ruled that Article 6.3 of the directive means, in order to decide whether it is necessary to carry out an appropriate assessment of the implications of a particular project for a protected site, the screening stage is not the appropriate stage to take account of measures intended to avoid or reduce harmful effects of the project.

The ECJ ruling has the potential to create significant issues for developers and local authorities, many of whom, like Waverley, screen the need for appropriate assessment on the basis of well-established mitigation measures.

This has subsequently prompted concern that the public consultation on Waverley’s Local Plan part two - setting out detailed day-to-day planning policies for the borough - which starts tomorrow (Friday), might have to be delayed.

The ruling has already prevented Waverley’s western planning committee from determining plans to build three homes in Menin Way and two homes in Brooklands Road on May 9, as well as its joint planning committee from deciding on plans for 45 apartments in Wey Hill, Haslemere on May 16.

However, an assurance Waverley could weather the latest storm was issued on Tuesday by a borough council spokesman, who said: “Following the recent ruling by the ECJ, we have temporarily suspended planning decisions for new residential developments in the 5km protected zones of the Thames Basin Heaths and Wealden Heaths Special Protection Area (SPA).

“This is a precautionary measure and nothing we have done is unlawful.

“This ruling is about procedure and changes when the council considers mitigation against development in the SPA.

“The council is confident that by making some small changes to its documents and the procedure to assess applications it will be in line with the new judgement. Natural England has supported this approach.

“This decision does not impact on planning decisions already made. The consultation on Local Plan Part Two is also not affected.”

In guidance to borough councillors concerning the ruling seen by The Herald, Elizabeth Sims, Waverley’s head of planning services, added: “The latest judgment indicates the screening stage cannot include consideration of mitigation.

“This means that, going forward, consideration of mitigation will need to occur at the full assessment stage, otherwise known as appropriate assessment.

“Please be assured the planning decisions Waverley makes will continue to be lawful and in accordance with the relevant judgement.”

It represents that latest threat posed to Waverley’s Local Plan, hard on the heels of four High Court challenges.

Waverley has set aside £300,000 to defend its Local Plan Part One against two judicial reviews launched by campaign group Protect Our Waverley - and one from Campaign to Protect Rural England.

They both object that the housing target of building 11,000 houses by 2031 is too high, given the borough’s landscape constraints.

A further challenge has been mounted by residents Timothy and Isobel House, who are unhappy that 180 houses have been allocated to surplus land at nearby Milford Golf Club, which is subject to a restrictive covenant.

A consultation on Local Plan part two, concerning options for housing, settlement boundaries, local landscape designations, and gypsy and traveller sites, will take place between May 25 and July 9.