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Details: 14.Aug.2023

A High Court Judge has given permission for a legal challenge to the adoption of the Waverley Borough Local Plan Part 2 (LPP2), with the hearing expected to take place over two days, potentially in the autumn.

Waverley Borough Council said the grounds for the challenge relate to the way that the Planning Inspector who examined LPP2 considered its relationship with Local Plan Part 1, and to his conclusions regarding the developability of a site in Milford.

The Secretary of State for Levelling Up, Housing and Communities appointed the Inspector, and is a defendant in this case alongside the council.

Cllr Liz Townsend, Waverley Borough Council Portfolio Holder for Planning & Regeneration and Economic Development, said: “We are extremely disappointed that the challenge has been allowed to proceed to a hearing. The adoption of LPP2 was a really positive step for our communities and a considerable achievement for the council. The planning arguments were fully scrutinised at the public examination, and, although it is not unusual for a plan to be challenged, it is nonetheless very frustrating and will undoubtedly divert resources away from other important planning work.

“Both the council and the Secretary of State have given a robust response to the challenge, and we will defend the adoption of LPP2 at the hearing. We will continue to give the adopted LPP2 full weight in planning decisions until such a time as the High Court decides otherwise.”