A FRESH threat has been posed to Waverley’s Local Plan, hard on the heels of four High Court challenges.

Waverley has set aside £300,000 to defend its Local Plan Part One against two judicial reviews launched by campaign group Protect Our Waverley –and one from Campaign to Protect Rural England.

They both object that the housing target of building 11,000 houses by 2031 is too high, given the borough’s landscape constraints.

A further challenge has been mounted by residents Timothy and Isobel House, who are unhappy that 180 houses have been allocated to surplus land at nearby Milford Golf Club, which is subject to a restrictive covenant.

Now, a new European Court of Justice habitats directive appears to render the ‘enabling’ mitigation measures Waverley relied on in part one of its Local Plan – adopted in February, which allocates strategic sites for housing – as invalid.

The ruling prompted concern over the public consultation on Waverley’s Local Plan Part Two, which started last week, might have to be delayed.

But an assurance Waverley could weather the latest storm, was issued last Tuesday by a borough council spokesman, who said: “Following the recent ruling by the ECJ, we have temporarily suspended planning decisions for new residential developments in the 5km protected zones of the Thames Basin Heaths and Wealden Heaths Special Protection Area (SPA).

“This is a precautionary measure and nothing we have done is unlawful.

“This ruling is about procedure and changes when the council considers mitigation against development in the SPA.

“The council is confident that by making some small changes to its documents and the procedure to assess applications it will be in line with the new judgement. Natural England has supported this approach.

“This decision does not impact on planning decisions already made. Therefore, the two Farnham sites and the Milford Golf Club site allocated in Local Plan Part One are not affected.

“The consultation on Local Plan Part Two is also not affected.”

The ruling has already prevented Waverley’s Joint Planning Committee from determining plans to build 45 apartments in two blocks on the boarded up site in Wey Hill running between the railway bridge and the Majestic Wines warehouse.

Councillors were due to consider the application when they met last Wednesday. Planning officers had recommended the scheme be granted approval.

The site is directly affected by the ECJ ruling as it is too close to the Wealden Heaths SPA.

In guidance to borough councillors concerning the ruling seen by The Herald, Elizabeth Sims, Waverley’s head of planning services, said: “The latest judgment indicates the screening stage cannot include consideration of mitigation.

“This means that, going forward, consideration of mitigation will need to occur at the full assessment stage, otherwise known as appropriate assessment.

“Please be assured the planning decisions Waverley makes will continue to be lawful and in accordance with the relevant judgement.”

Last week, developers Stretton Milford held a community consultation on plans to build 180 houses on land at MIlford Golf Club.

Residents could view outline proposals and speak to team members regarding the proposals.

Speaking after the exhibition, Kathy Smyth, joint co-ordinator of Waverley Friends of the Earth, said: “I was disappointed there was still no information available on critical issues such as the impact of this development on local traffic flows and in particular the T-junction at the top of Station Lane.

“This junction is coming under a lot of pressure particularly at morning rush hour. Another difficulty with this site is it looks very doubtful to me that it is able to provide enough open green space to meet the statutory requirements.

“Overall, I feel that although the site is probably suitable for some housing, 180 may be too many units and Waverley may have jumped the gun by accepting the figure of 180 and including it as a strategic site in part one of the Local Plan.”

•All interested parties can comment on Local Plan Part Two concerning the council’s preferred options on housing, settlement boundaries, local landscape designations, and gypsy and traveller accommodation between May 25 and July 9.