Farnham has been failed by multiple tiers of a broken planning system and must take a stand in the High Court – despite the odds being stacked heavily against it.

That was the sentiment at Farnham Town Council as members agreed to initiate a judicial review of an appeal inspector’s decision to allow 146 homes either side of Waverley Lane in July.

The appeal ruling was slammed by Farnham’s joint leader Graham White (Farnham Residents, Farnham North West) as “shocking”, “deeply concerning” and “carried out in a very cavalier way” at an extraordinary meeting of the town council on August 8.

And Cllr White took aim too at housing secretary Michael Gove for his “silence” on a pledge to give additional protection to areas with Neighbourhood Plans in place which could have thwarted the Wates Developments estate.

It is hoped a High Court challenge will render the Waverley Lane ruling null and void, and underline the  primacy of local planning powers.

Farnham Residents party leader John Ward has rated Farnham’s chances of winning a High Court legal challenge against plans to build 146 homes in Waverley Lane at “less than 50 per cent”.

Cllr Ward added the legal costs of mounting a challenge against the Planning Inspectorate could be “comparable to what we spend on Farnham In Bloom” – which in 2023/24 is budgeted at £158,800.

But the long-serving councillor and former mining engineer told fellow elected members “the town expects us to take a stand” at last week’s ‘extraordinary’ meeting of Farnham Town Council.

“I’ve backed horses at 10/1 and won, so I’m not worried about a less than even chance,” said Cllr Ward.

Town clerk Iain Lynch said the legal costs could be shared with Waverley Borough Council, which is supporting the challenge. 

But ultimately, the cost will rest with taxpayers.

The Farnham Residents motion to initiate a challenge won cross-party support, with Cllr Mark Merryweather (Lib Dems, Weybourne and Badshot Lea) speaking in favour.

The borough council finance portfolio holder said: “Farnham has done everything asked and expected of us, and we’ve been failed – by the government, which knows perfectly well what is wrong with the planning system but is doing nothing to fix them.

“We’ve been failed by the appeal inspector, whose typos show how carefully their decision was made.

“We’re being failed by developers, who are not building out thousands of homes granted planning permission – and are going for more profitable green spaces instead.

“And I’m not content either with how Waverley has handled the situation.

“The worse thing we can do is fail ourselves now.

“It is an expensive venture, but I do not think we should lie back and take it.

“We have to fight for all areas with Neighbourhood Plans, stand up and be counted.”