Referenda on the Elstead & Weyburn and the Cranleigh Neighbourhood Plans back on track

Today, the Honourable Mrs Justice Lang DBE ordered that both the referenda on the Elstead & Weyburn Neighbourhood Plan and the Cranleigh Neighbourhood Plan proceed.

The two referenda were originally due to take place on the 29 February 2024, but due to errors identified in the published plans, the intervention of the High Court was required.

The errors related to housing sites in the Elstead and Weyburn plans and to parts of the settlement boundaries shown on maps included within both plans. Legal advice obtained by the council at the time indicated that the errors presented a risk of legal challenges if the two referenda proceeded, and those plans were subsequently adopted.

Mrs Justice Lang made an initial order in February which prevented the council from proceeding with the referendum process. Following a short hearing in the High Court today, Mrs Justice Lang ordered the council to take prompt steps to restart the referendum process.

The Order also included the following ‘the Counting Officer was in no way at fault and had at all times duly and properly performed his functions under the 2012 Neighbourhood Plan regulations in relation to the two referenda that were due to be carried out on 29 February 2024’.

Waverley Borough Council’s Strategic Director for Place, Dawn Hudd said “We know that the delay has been disappointing for everyone who has worked hard to prepare these Neighbourhood Plans. However, the plans that residents vote on must reflect the recommendations of the independent examiner. The plans will now be corrected so that a new date for the referendums can be set as soon as possible.”

Notes for Editors

Click the button to access a copy of the sealed order.

Sealed Order

Neighbourhood plans are prepared by a Parish Council or Neighbourhood Forum. They allow communities to help to shape and deliver sustainable development by influencing local planning decisions as part of the statutory development plan. Neighbourhood plans must meet certain ‘basic conditions’ and other legal requirements before they can come into force. These are tested through an independent examination before the neighbourhood plan may proceed to referendum.