SEND PARISH COUNCIL
Minutes of the Extraordinary Council Meeting of SEND PARISH COUNCIL held on            Monday, 30th March 2026 at 7:45pm, in the Upper Room, Lancaster Hall
Present: Cllr J Osborn (Chair), Cllr D Hurdle (Vice Chair), Cllr M Bruton, Cllr J Manktelow, Cllr H Thomas, Cllr A Roberton, Proper Officer: N Mair (Clerk). 14 members of the public 
Public Session: Cllr Osborn opened the public session by inviting comments and questions from the floor from members of the public, many of whom had attended the Council meeting on 16th March and heard the presentation by Hawksmoor Homes on revised plans for the site, 94 Potters Lane. 
A resident commented on the importance of the River Wey Corridor, and the reason for taking this application to the Court was to test the adequacy of the application of the Policy by the Borough Council. Another commented on the presentation that had been given by Hawksmoor Homes, but the issue was not the style of houses, but that the site was within the Corridor setting. The Conservation Officer's report was ignored. The same arguments still apply as they did to the High Court challenge to the application, which was quashed. In the context of 'Grey Belt', policies relating to conservation and heritage are of more importance. 

1. Apologies for absence - Cllr Lord & Cllr Goehler.

2. Declaration of Interests by Members on agenda items - None

3. Planning applications 22/P/0166 & 24/P/01457 - 94 Potters Lane - DISCUSS & AGREE ACTION
Cllr Osborn, Chair of the Council, gave a public update on the outcomes of the Council meeting on 16th March relating to the ongoing Judicial Review(s) for 94 Potters Lane, Send, Woking, Surrey. Application(s) 22/P/01966 & 24/P/01457.
Cllr Osborn reported that at the Council meeting on 16th March, Hawksmoor Homes were invited to present their revised plans to the public. The Council also considered a settlement proposal relating to the ongoing Judicial Review(s), that had been drafted by Hawksmoor Homes. In accordance with legal advice from the Council Barrister, the Council opted not to accept the settlement agreement. As such, the Council will continue with a renewal hearing for application 24/P/01457, the 'second judicial review', scheduled to take place at the High Court in London on the 30th April.
The Council also sought to apply for a 'stay' (pause proceedings) for a third Judicial Review for the '1st application' 22/P/01966, which had resulted from Guildford Borough Council proceeding to re-determine this application, on 3rd December 2025, despite requests by Send Parish Council for re-determination to happen after the proceedings for 24/P/01457 had concluded at the High Court (as both application are on the same site and near identical). Following the re-approval of application 2/P/01966 at Guildford Borough Council's planning meeting on 3rd December 2025, and the decision issued on 16th January 2026, Send Parish Council had no choice but to bring a third set of Judicial Review proceedings; otherwise, the ongoing claim for 24/P/01457 would have been nullified.
However, Hawksmoor Homes' legal team disputed Send Parish Council's application to 'stay' these proceedings, and a Judge had rejected the application. Cllrs had received further legal advice on the current position following the Judge's refusal to stay proceedings of the third Judicial Review. The legal advice is to continue to the renewal hearing.
It was noted that the Council had received pledges of donations from residents that enable sufficient funds to cover the cost of the renewal hearing. There continues to be public will to continue with the challenge despite the risks also being set out. Further fundraising will be undertaken to help cover adverse costs. 
The recommendation: To accept the advice of the Council's Barrister to continue to the renewal hearing on 30th April at the High Court in London. Proposed by Cllr Osborn and seconded by Cllr Thomas. The decision was approved unanimously. RESOLVED: To continue to the renewal hearing on 30th April, at the High Court, London.

4. To note other matters for information only, brought to the attention of the Council, after the publication of the agenda.    None

The Chair closed the meeting at 8:01pm
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Send Parish Office - 28 Send Road, Send, Woking, GU23 7ET
01483 479312 - clerk@sendparishcouncil.gov.uk