Town Council loses High Court battle over Greenfield housing development

Greenfield land on the edge of the Surrey Hills will be turned into a large housing estate after a legal challenge brought by Farnham Town Council was dismissed in the High Court.

Wates Developments said it was “delighted” to confirm that the development, which will bring forward 146 new homes, will go ahead at Waverley Lane in Farnham.

Outlining the background to the case in Farnham Town Council v Secretary of State for Levelling Up Housing & Communities & Anor [2024], Tim Smith, sitting as Deputy High Court Judge, said Wates applied to Waverley Borough Council for outline planning permission for the development of 146 dwellings on the site.

The application was refused by the council on 11 November 2022, after which Wates appealed against the refusal.

The appeal by Wates against the refusal was heard by a planning inspector appointed by the Secretary of State for Levelling Up, Housing and Communities.

By her decision letter dated 3 July 2023, the Inspector allowed the appeal. Planning permission for the development was thereby granted subject to conditions.

After planning permission was granted in 2023, Farnham Town Council instructed lawyers to mount a legal challenge against the Secretary of State’s approval of the new homes.

The Town Council argued that there was 1): a failure by the Inspector to have regard to a material consideration, namely the wording of policy FNP10(c) of the Farnham Neighbourhood Plan, and 2): a failure to give sufficient reasons for the decision to allow the appeal despite the conflict with policy FNP10(c).

Finding that there was “neither error in how the Inspector approached paragraph (c) of policy FNP10 nor inadequate reasoning for her conclusions”, the judge ruled against Farnham Town Council on both grounds.

According to Wates Developments, more than a third of the new homes will be affordable housing, made up of a mixture of affordable rent and buying routes such as shared ownership.

Further, it said the development will create 14.6 acres of natural green parkland and two new play areas, open to the public.

A spokesperson for Farnham Town Council said it was "disappointed" that a "key green space and area of biodiversity" would be built on.

David Brocklebank, Executive Managing Director of Wates Developments, said: “We are pleased that the challenge to this housing proposal has come to an end and that this scheme can now go ahead. As a result, many people and families will be able to live in this highly desirable location and the scheme will bring forward a range of wider benefits and amenities for the whole community.

“It remains the case that new homes are urgently needed in all parts of the country, particularly affordable options and in areas suffering housing shortages.

Delivering sustainable homes is vital for communities to thrive, making up a core part of our purpose at Wates.”

Lottie Winson