Legal challenge against proposed housing development on site of Zoo Gardens being heard in court
A legal challenge against Bristol City Council’s decision to grant planning permission for a housing development on the site of Bristol Zoo Gardens is being heard over two days this week (7 - 8 May).
Campaign group ‘Save Bristol Gardens Alliance’ (SBGA) contend that the development would lead to a loss of open space, and that the environmental impacts on biodiversity and carbon emissions were assessed using “flawed and outdated criteria”.
The plans for the development were proposed by British Zoological Society after the zoo closed in 2022. The plans are for 196 homes, 20 per cent of which will be affordable with a free-access park open during the day.
Represented by law firm Leigh Day, Save Bristol Gardens Alliance challenge the council’s decision to grant planning permission on the following grounds:
- The planning application unlawfully relied on out-of-date metrics to measure the development’s net effect on biodiversity, which resulted in it calculating a net positive. Subsequent calculations made using the updated metrics found a net loss in biodiversity from the development.
- The planning application unlawfully adopted out-of-date criteria to measure carbon dioxide emissions, which was inconsistent with criteria used to measure the carbon impact of other local developments.
- The planning application unlawfully failed to determine whether the development would lead to a reduction in the amount of open space, with planning policy stating that open space should generally not be built on unless equivalent or more is provided by the development.
The campaign group argue that the development will do “little” to solve Bristol’s housing crisis, and raise concerns that there are “no plans in place to support and maintain a public park”.
A spokesperson for Save Bristol Gardens Alliance said: “The assertions of Bristol Zoological Society and Bristol City Council that the development would provide free public access to what is left of the Gardens do not stand up to scrutiny. Neither does their claim that the small amount of so-called ‘affordable' housing will be within the financial reach of those in need. Any developer can apply to have these expensive inconveniences set aside after 5 years and undoubtedly will. We believe the gardens will become a private housing development.
“In their haste to sell this civic jewel with planning permission for housing, we believe that the Zoological Society and Council made several errors of fact and of law. The judicial review will examine three of these.”
Leigh Day solicitor, Rowan Smith, said: “Our client is arguing that the metrics used to calculate the carbon emissions and impact on biodiversity from the project were outdated and, as a result, unlawful. These arguments will now be heard in court after a judge agreed that the three grounds presented in SGBA’s argument are strong enough to go to a judicial review hearing.”
The judicial review challenge is being heard at Bristol Civic Justice Centre and is expected to last two days.
Bristol City Council has been approached for comment.
Lottie Winson
