Council vows to defend High Court challenge to regeneration scheme

A council in Surrey has vowed to defend “as strongly as possible” a High Court challenge to its decision to proceed with a much-delayed regeneration scheme.

A preliminary hearing to determine whether campaigners in Farnham have the right to challenge Waverley Borough Council’s decision on the Brightwells Farnham Regeneration Scheme is set to be heard in the High Court on 31 January 2017.

The Farnham Interest Group (FIG) – which represents the Farnham Society, the Farnham Building Preservation Trust and the East Street Action Group – argues that the “massive and unsustainable” scheme fails to provide what the council offered when it first set out its ideas for the development in 2003.

FIG is seeking to overturn a planning decision taken by the council on 24 May 2016 to proceed with the development, having made changes to the scheme. The claimant will argue that the changes were significant and the contract should have been retendered as developers who tendered for the original scheme were put at a disadvantage to the development partner, Crest Nicolson. FIG has already secured a £50,000 donation from an anonymous donor to help with the legal challenge.

Cllr Julia Potts, Leader of Waverley, said: “While it is good news that the court has agreed to allow a preliminary hearing, it is disappointing that council tax payers will have to pay for the council’s costs to defend the scheme which delivers jobs, homes and numerous community and financial benefits to Farnham and the borough as a whole. 

“The construction phase was due to start in autumn 2016; this will now have to be delayed, impacting on the delivery timetable. It will be upsetting for the residents who were so keen to see this scheme go ahead as quickly as possible.

“Given the Brightwells Farnham Regeneration Scheme is a key corporate priority, the council will defend the judicial review challenge as strongly as possible and is proceeding with the Compulsory Purchase of the Marlborough Head pub to complete the site assembly.”

Cllr Potts said notices had been served to action the compulsory purchase with the council taking possession of the Marlborough Head site on 2 December 2016. Possession of the pub site would create the main pedestrian access to the new development from East Street in Farnham. The CPO was approved by the Secretary of State for Communities and Local Government in 2013.