Heritage campaigners threatened legal action over plans for new homes in Bristol

Protesters in Bristol have threatened the city council with a second battle in court, claiming its decision to build over 60 homes on a former zoo car park was ‘unlawful’.

Campaigners from the Clifton and Hotwells Improvement Society (CHIS) – a Bristol based organisation and one of the largest amenity societies in the country – have told Bristol City Council they will launch a judicial review – a court proceeding where a judge reviews the lawfulness of a decision or action made by a public body – unless it reverses the planning permission, which was granted in November, for 62 new homes.

The letter by solicitors firm Leigh Day, which has been leaked to the Local Democracy Reporting Service, alleges flaws in the planning process.

The decision to approve planning permission for the properties, which will be made up of 55 apartments and seven houses, was the second time members had approved the scheme for the West Car Park in College Road, formerly dedicated to zoo staff and an overspill for visitors.

The original decision was rejected by a High Court Judge and sent back to the committee to determine again after being declared unlawful following legal actions by CHIS amid concerns from locals about how the development affected architectural heritage.

A judicial review concluded the local authority had failed to consider Historic England’s advice into account, deeming the decision to accept the zoo’s plans was not legal.

Following this, architects made a number of changes and councillors were asked to vote again in favour of the development in November despite residents’ concerns about the impact on the historic nature surrounding the site.

The latest pre-action protocol letter from Leigh Day to the Council’s Chief and planning bosses said: ‘The Council is invited to agree the Decision is unlawful and consent to judgement in the form of a consent order providing for: a declaration of unlawfulness; quashing of the Decision; and payment of the Claimant’s cost to date.

‘Should a response not be made…we will prepare and issue a claim in the High Court without further notice to you.’

In response to the letter, which also outlines four grounds for why the decision should be axed, a spokesperson for Bristol’s local authority said: ‘We can confirm that the council has received a pre-action letter and it is taking legal advice on its response.’

Photo by Harry Kessell