Jason Brache is a farmer who co-owns the farm next to land known as Habitat, formerly Fairfield, on Rue des Barras.
Developer Hillstone has been given permission to build 14 three-storey, two-bed homes on the land.
Originally the application was for 10 houses, but this was withdrawn due to its impact on biodiversity. The resubmitted plans had a more detailed biodiversity report but were for more homes.
When the second application was made, Mr Brache and farm co-owner Fiona Pollock were among residents of the area who protested.
The farm owners said that the increase from 10 to 14 had seen the plans go from ‘bad to outrageously ridiculous’ and would impact their livelihood. They wondered how such a rise in the number of proposed homes could help with biodiversity.
The application for a judicial review has been placed in the Ordinary Division of the Royal Court by Advocate Amy Davies, on behalf of Mr Brache.
There was a request for amendments to be made to the court documents which, following a one-week adjournment, was granted.
Hillstone had already been joined to the action as an interested party, as well as two individuals. They have now been removed and the owner of the development site, Paul Meadowcroft, has been added as the second interested party.
Advocate Penny Grange, representing the DPA, said that it opposed the application on the grounds that it was out of time, since it had been served just over 10 weeks after planning permission was granted.
The argument at the heart of the issue was that permission for the new development was made by someone who was not authorised to do so, and fell outside the DPA’s delegation of authority.
In addition, Mr Brache argues that either the DPA did not account for the impact of the proposed works on protected buildings, or that even if it did, the decision was unreasonable because it failed to have ‘adequate and proper regard’ to this impact.
With permission having been granted for the amendments, the respondents and interested parties now have until Friday to file and serve any evidence, while Mr Brache must file his reply to this evidence by 12 September.
Skeleton arguments will need to follow by 3 October, after which a court date will be set for a hearing.
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