A GROUP of nine Farnham families have initiated legal proceedings against Surrey County Council in an attempt to scupper plans to build 157 homes either side of Waverley Lane.

Wates Developments Ltd was refused planning permission for the homes 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 including 47 ‘affordable’ homes.

Wates appealed Waverley’s decision, and is still awaiting the ruling of a government planning inspector exactly 12 months after a public inquiry was held to determine the issue.

However, the scheme now faces a further challenge after a group of Abbots Ride residents launched legal action, contesting Wates’ right to build a footpath connecting its development to Farnham.

The footpath, on a green verge running along the southern edge of Waverley Lane between Abbots Ride and Compton Fields, is a condition of Wates’ scheme should it gain planning consent.

And Surrey County Council’s highways department has informed the developer that the verge is part of the highway – and can therefore accommodate the footpath.

But this is contested by the Abbots Ride residents, who in 2005 set up a company Abbots Ride Land Ltd to purchase the land to fend off the threatened introduction of telephone masts, and believe they retain the right to deny Wates permission to build the vital footpath.

Addressing the issue at the South Farnham Residents Association (SOFRA) annual meeting, secretary Pamela Pownall said: “Nobody is contesting the ownership of the land – that is clearly evident. Abbots Ride Land Ltd owns it.

“What is being contested is whether the verge has ever been dedicated as part of the highway. Only if it is part of the highway can Surrey Highways give permission for the required footpath.”

After several years of correspondence with Surrey Highways, the families recently initiated court proceedings, seeking a declaration from the County Court that the verge it is not dedicated as part of the highway.

A cost case management hearing is now set to take place on October 30, followed by a pre-trial hearing, with the trial itself taking place some time in the new year.

The families have appointed a specialist in highway law and a barrister to fight their case, at a cost of more than £30,000, but are now appealing for financial support from the community.

They have set up the Waverley Fields Community Fund to help finance the expenses of the legal process, and SOFRA members have agreed to pledge £1,000 to the fund.

Anyone wishing to contribute is asked to post cheques to Catherine Little, The Manor House, 45 Waverley Ln, Farnham, GU9 8BH, including their name and address on the reverse.

Pamela continued: “The families’ intention from the start was to try to protect the greenness of the area from other intrusions – in other words, to protect the character which we all enjoy.

“This Wates development is for 157 houses. Such a large development at the top of Waverley Lane will affect everyone living in this area.

“It’s extremely important that we help Abbots Ride Land Ltd to see this process through to the end.”