The farmers who fought the planners and won

Two farmers have been describing the "absolutely exhausting" process of taking on States of Guernsey planners to get a development overturned.

Fiona Pollock and Jason Brache successfully got plans to build 14 new homes on land bordering their farm in the Vale quashed by a judicial review.

"The celebration was a coffee and a cake and that was it. Because it's not a celebration, it's ongoing." Brache said.

Planning was found to have not followed its own guidelines, by not properly considering the impact on protected buildings in the vicinity of the site. The Development and Planning Authority (DPA) says it has altered some of its processes following the judicial review.

Fighting the judicial review cost the Development and Planning Authority (DPA) £50,000.

Brache said: "It's tough, you have dark thoughts, dark days where you think you're going to lose everything you and your family fought for.

"You need a very, very good legal team behind it.

"There's quite a high bar you have to personally get to from a legal perspective before you can get to a challenge."

Almost two years ago Brache and Pollock discovered the field bordering the bottom of their farm could become housing, as an application from Hillstone Developments was submitted.

"It meant the loss of our working farm. As farmers we have a duty to protect the land and we would do everything to protect it," Pollock said.

Their concern initially centred on the height and density of the project, which they worried would overlook their farm and force them to have to change the way they worked the land.

Currently much of the land is used for "high quality" hay, and some of the buildings would potentially have put more of the farm in shade for much of the day.

Alongside their neighbours, they put in letters of representation against the project.

Brache's family bought the farm at the end of 1945, having previously been a tenant for many years. At the time it operated as a traditional farm, with two vine houses.

During the Occupation, the farm was requisitioned by the occupying forces. The owners remained on site to manage the house and gardens, whilst Brache's grandfather was required to surrender part of his crop production for their use.

It was that history and its importance to the island that encouraged Brache and Pollock to fight the application: "Why destroy a working farm which is absolutely needed?

"In this very turbulent weather, we need the land to be working," Brache said.

"What is at stake here is agricultural land that has been worked for generations."

They told the BBC they understand there is a need for housing on island, with a lack of supply forcing high prices in the local rental market and the Committee for Housing targeting 300 new affordable homes during this political term.

"There are already 1,300 houses in proposed developments elsewhere, so why destroy a working farm?," Brache asked.

When asked whether their objections were an example of nimby-ism he said: "First of all, our judicial reviews have proved that the DPA are not adhering to their own policy and, in fact, the law.

"It's not about the houses. It's the fact that the rules were not followed.

"The guidelines were published and they should be followed. They have a duty of care to follow them."

In the last few weeks the DPA has lost another case, with a successful appeal against a decision to stop the building of a new stable and vehicular access in St Peters.

The appeals panel decided to reverse the DPA's decision and allow the development.

In a statement director of planning Jim Rowles said: "The Planning Service provides pre-application advice to prospective applicants and developers, and publishes the process and parameters for this.

"Legal challenges are unusual in the context of planning in Guernsey.

"Following the judgment of the Royal Court in this case, procedures both in relation to the DPA's functions as respects protected buildings and the delegation of the DPA's discretion to grant planning permission have been revised."

Brache is concerned policies may be being ignored with other development proposals and feels the system is "biased against the population who live and have a meaningful connection to the area".

The couple also does not think the matter is closed: "We fully expect it any day to come back. We can hope for something reasonable."

Simon Holland from Hillstone Developments said new plans for the site would be submitted soon.

"The site has been subject to two judicial reviews, we have taken then knowledge gained from those reviews.

"We're working with the DPA on a new application which we expect to be submitted within the next seven to 10 days."

Any plans are expected to be decided on by the DPA at an open planning meeting, where the political board will have the final say.

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