A legal challenge is being prepared after Guildford Borough Council approved plans for the homes on countryside land just weeks before it is expected to be protected as part of the expanded Surrey Hills National Landscape.
The development site is on land located between New Manor Farm and Snelgate Cottages which, according to the planning report, had not been officially designated as part of the new expansion.
The decision, made on November 5 by a planning committee, has angered residents in East Clandon, who say the development was allowed through before new landscape boundaries come into force. They argue this move undermines the whole point of the expansion.
Peter Smart, the claimant, said: “Our community has supported the Surrey Hills initiative for years. What we are asking for is simple: that these protections are taken seriously and applied consistently.”
East Clandon Parish Council has backed the legal challenge. Mr Smart said the parish council “wholly objected” to the application and criticised how the planning meeting was handled.
The development site is an open agricultural field in the green belt and East Clandon Conservation Area, crossed by a well-used public footpath and close to an Area of Great Landscape Value.
Objectors to the scheme claim the area is full of wildlife including roe deer and barn owls.
Natural England confirmed on November 25 that the Surrey Hills boundary extension has entered its final notification stage, with the process expected to conclude early next year. Four of the 17 proposed extension areas are in Guildford borough.
Campaigners say the timing of the approval is central to the case. When councillors debated the plans, they were advised that the Surrey Hills designation was “not yet confirmed” and therefore carried limited weight. Objectors argue this ignores the fact that the extension is well advanced and imminent.
The scheme would also divert an existing public footpath so that it runs between the new houses instead of across open countryside, changing a long-established walking route with wide views across the Surrey Hills.
The Surrey Hills Planning Adviser formally objected to the application, warning they would cause a “significant and detrimental” impact on the local landscape. More than 35 residents also lodged objections, raising concerns about loss of openness, harm to the village’s historic setting and the impact on wildlife.
Only weeks earlier, the council had adopted its Surrey Hills Management Plan, which highlights the importance of rural views, footpaths and landscape character. These were all the issues residents said were not properly weighed.
Guildford council confirmed it has received a pre-action letter ahead of a judicial review and will respond by December 16. A spokesperson said a judicial review examines how a decision was made, not whether planning permission should have been granted.
The council will respond this month, after which the High Court will decide whether the case can proceed.
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