Published Wednesday, 19 September 2018

Two appeals challenging Waverley Borough Council’s Local Plan have been refused by a Court of Appeal judge.

The appeals, lodged by POWCampaign Ltd and CPRE Surrey, followed the High Court’s decision on 12 July 2018 to dismiss significant elements of challenges to the council’s Local Plan and the Secretary of State’s Dunsfold Park decision.

The rejected appeals sought to challenge the High Court’s decision to refuse permission to go to a full hearing in respect of the following grounds:

·     that the council and the Local Plan Inspector failed to consider environmental constraints (in the context of calculating Waverley’s objectively assessed need)

·     that both the council and the Inspector did not correctly apply the two-stage test as set out in the National Planning Policy Framework (NPPF).

Councillor Julia Potts, Leader of Waverley Borough Council, said: “I am pleased the appeals against the High Court judge’s decision have been refused.

“This is a small victory for us but we will still need to defend the council’s position in the challenge to Woking’s unmet housing need allocation in Waverley’s Local Plan.

“We didn’t bring these legal challenges and don’t want to be in this situation. I believe our Local Plan is the best plan for the borough and we have a duty to defend it; having a sound Local Plan means we can defend and protect the borough from inappropriate development. That’s why, after careful consideration, we think it’s absolutely the right thing to set aside funds to be able to defend the legal challenges.

“We will continue to defend our Local Plan and to use it to guide planning decisions.”

The council and other parties will be attending a full hearing on 9 and 10 October 2018, which will consider challenges from POWCampaign Ltd and CPRE Surrey to Waverley’s Local Plan, relating to Woking’s unmet need allocation, and a challenge from POWCampaign Ltd to the grant of planning permission in respect of Dunsfold Park.