Bristol Zoo Gardens housing development legal challenge will be heard by High Court

A judge ruled that all three grounds for judicial review submitted by Save Bristol Gardens Alliance (SBGA) were arguable, with the group claiming that the development would result in a loss of biodiversity and an increase in carbon emissions.

The case will now proceed to a full judicial review hearing in the Bristol courts, which is likely to take place in early 2025. 

Following the closure of Bristol Zoo in 2022, Bristol Zoological Society applied for planning permission to turn the zoo gardens site into a new housing development, which was recommended by Bristol City Council officers to be granted by the council. 

In June 2024, permission for the development was formally granted – a decision which SBGA is now challenging with an application for judicial review. This follows around 500 formal objections, a petition opposing the development gaining over 10,000 signatures, and a subsequent successful crowdfunding campaign.  

The group argues that the development would lead to a loss of open space, and that criteria used to assess environmental impacts on biodiversity and carbon emissions were flawed. 

The grounds of their claim are: 

• The planning application unlawfully relied on out-of-date metrics to measure the development’s net effect on biodiversity, which resulted in it calculating a net positive.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• The planning application unlawfully adopted out-of-date criteria to measure carbon dioxide emissions, which was inconsistent with criteria used to measure the carbon impact of other local developments.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 plans for the development proposed by Bristol Zoological Society are for 196 homes, of which 20 per cent will be ‘affordable’, with a free-access park open during the day.  

However, SGBA argues that the housing will do little to solve the city’s housing crisis, and raise concerns about the number of affordable homes that would actually be built or be affordable. Campaigners also say there is no funding or plan in place to support and maintain a public park.  

A spokesperson for Save Bristol Gardens Alliance said:  

“We are completely thrilled – this feels pretty seismic, and we’re particularly happy that the judge agreed that every single one of the objections we raised should be argued in court. Both Bristol Zoological Society and Green councilors have been pretty dismissive of the chances of our judicial review getting permission. Well, this proves them wrong. 

“The prospects of overturning the planning permission on the former zoo site are now within reach and very real. It was always the wrong plan for the wrong site – which is why so many thousands of Bristolians opposed it. We believe that instead of the horrendous current proposal, together we can bring forward a much better vision for the unique and historic gardens and one which will ensure it remains a place of beauty and sanctuary for all Bristolians, for generations to come.” 

Leigh Day environment team solicitor Rowan Smith, who represents SGBA, said:  

“Our client argues that outdated metrics were unlawfully used to calculate carbon emissions and the net effect on biodiversity from the project, highlighting flaws in the planning application. These arguments have now been deemed strong enough by a judge to be brought to a judicial review hearing. We are pleased to be able to take this case to the next stage on behalf of our client, and that all three grounds of the claim were deemed arguable.”