Time has not been on Farnham Town Council’s side as a deputy High Court judge has delivered a hefty blow to their challenge against 146 new homes.

The council made a statutory review challenge against the Secretary of State for Levelling Up, Housing & Communities after plans by Wates Development to build either side of Waverley Lane were approved on appeal.

But the papers were ultimately served too late by the council’s solicitors, with Judge Tim Smith concluding the court had no power to extend time for service of proceedings.

At the heart is the site’s delicate position as the sought-after plot is at the edge of the Surrey Hills Area of Outstanding Natural Beauty has been subject to several previous planning applications.

Conserving and enhancing the “landscape and scenic beauty” of the SHAONB is a key point in the Farnham Neighbourhood Plan (FNP) with proposals to extend its boundaries to include the Waverley Lane being made by Natural England in May 2021.

The town council felt the inspector failed to give sufficient reasons for the decision to allow the appeal and disregarded the material considerations and policy wording of the FNP.

But the judge felt the council’s bid would have been dismissed, regardless, as he found no error in how the inspector came to conclusions or approached the FNP.

"Farnham Town Council is disappointed that a judge has upheld a planning Inspector’s decision to allow a key green space and area of biodiversity is to be built on,” said a spokesperson for FTC.

“Farnham Town Council will review the decision and determine whether it feels there are any grounds to take this further.

“But there is no doubt that FTC will continue to support the local community and the FNP in getting the right development in the right places to meet local housing need."