An attempt to recoup legal costs will be made in the wake of a failed High Court attempt to stop to a 146-house development on the edge of Farnham.
Farnham Town Council is unlikely to spend any more money challenging the application by Wates Developments to build either side of Waverley Lane.
But although their battle for the future of the delicate site has been seemingly lost, they have vowed to make life difficult for developers with two more key appeals – the Ismaili Muslim funeral building and 83 homes at Old Park Lane - on the horizon.
Last Thursday’s meeting was the first since a deputy High Court judge rejected a statutory review challenge by FTC.
The council made the challenge against the Secretary of State for Levelling Up, Housing & Communities after the Wates application was approved on appeal.
The papers were served too late by FTC’s solicitors, with the judge concluding the court had no power to extend time for service of proceedings.
Minutes show a KC was appointed under delegation to represent FTC, with the fee being reduced if the council’s bid was not successful.
Town clerk Iain Lynch confirmed FTC will be making a claim for a “half or two thirds” of the cost.
He said: “I couldn’t recommend to us that you should spend further money on challenging that and what we should now focus on is mitigating the costs.
“Because of the part mismanagement, they’re going to be significantly lower than they might have been and that’s because our solicitor delivered the papers late.”
Cllr Mark Merryweather called the ruling a “extremely severe example” of a dysfunctional planning system while a defiant Cllr Tony Fairclough said FTC was right to challenge.
“We’ve lost the Waverley Lane battle, but we’ll continue to frustrate as much as we can,” said Cllr Graham White.