NATURAL England has been accused of "an amazing knee-jerk reaction" in the demands it is making for the protection of vulnerable bird species in the vicinity of Sandy Hill. The accusation came from Patrick Haveron, Waverley's portfolio holder for planning, as the council tangles with the problem of the complete moratorium on any new planning approvals for residential development in Farnham within five kilometres of the heathland. The council believes it has found the answer through the controversial mini-plan to "improve and enhance" Farnham Park to encourage residents to use it, taking pressure off the Thames Basin Heaths, which is a Special Protection Area (SPA) for birds. If both they and Natural England (formerly English Nature) agree that the mini-plan provides adequate mitigation to prevent extra people using the heaths, Waverley will be able to start approving residential planning applications once again. But the scheme hit a stumbling block last month, as councillors complained of being kept in the dark over complicated issues and demanded more information. As Waverley's executive laid the ground rules on Tuesday for what further information was needed, Mr Haveron said there was an on- going issue over the arguments of Natural England. He said that of the species being protected - the Dartford warbler, the nightjar and the woodlark - two were migratory birds and all had a nesting season spanning just three months. "It is an amazing knee-jerk reaction to require this level of protection," he declared. The current intention is that the mini-plan will provide an interim solution for three years, to ensure that the adverse effects of residential development on the SPA can be mitigated. The executive was told in a report: "Failure to secure an interim avoidance strategy through the mini-plan will displace that need for housing land supply to other parts of the borough and mainly Haslemere, Cranleigh and Godalming. "It may also lead to further pressures to release greenfield sites and employment sites elsewhere to meet land supply targets." But the miniplan, which has already been challenged by 247 Farnham residents, led to several tricky questions from the public at the executive meeting. Celia Sanders asked how it could be right to deny the rest of the borough the benefits of more housing, when Waverley was so keen to offer the opportunity to Farnham. And councillors now want legal advice to be provided on "the robustness of the mini- plan's status", following a question from David Cooper about whether they could be storing up legal trouble for themselves. Councillors were left with the fear that, if the plan is ineffective, the council could become liable for compensation to developers that have been granted planning consent. The executive will consider a full report at its meeting on February 6 before making a recommendation to the full council on February 20. In a press statement, Paterick Haveron described Natural England as "supportive in principle of the mini-plan" but said Waverley had been asked to tackle some specific issues to make sure the plan is watertight. "They asked us to ensure that there is effective signage in and around Farnham Park, and that property developers are properly informed and advised about the impact of developments on the special protection area and the role of Farnham Park in preventing and minimising that impact. "Once we and Natural England are satisfied that those issues have been addressed, we can move forward." Most significant among the plans being held up is the East Street redevelopment, with 294 residential units included in the outline planning application submitted by Crest Nicholson and Sainsbury's. Waverley says it needs to consider the mini- plan before it can make a recommendation on the East Street application. But Mr Haveron went on to say: "While objectors have picked up on the East Street development and its relationship to the mini- plan, this is only part of the picture. A number of developments and local businesses have been adversely affected by the moratorium."