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Court of Appeal throws out bid to overturn Waverley plan

Words: Huw Morris

The Court of Appeal has rejected a legal challenge to Waverley Borough Council’s adoption of a local plan.

The plan provides for at least 11,200 new homes by 2032.

The council had agreed to an inspector’s recommendation that this should include 83 homes a year to tackle unmet housing need in nearby Woking Borough Council, a move challenged by the Campaign for the Protection of Rural England’s (CPRE) Surrey branch and local pressure group Protect Our Waverley Campaign.

Rejecting the challenge, Lord Justice Lindblom said the inspector had relied on the most-up-to-date information available in making his decision and the Court of Appeal could not fault his planning judgment. He also noted that the inspector had stopped short of recommending that Waverley take up all of Woking’s unmet housing need.

“It is not wrong in principle, let alone unlawful, for a local planning authority to incorporate in the housing requirements set out in its local plan a proportion of the unmet housing need in another authority's area,” he added.

Image credit | Colin Smith