AN ARCHAEOLOGIST has launched a fresh High Court bid to prevent an access road being built into York's biggest current housing development across what he claims is a battlefield.

Chas Jones says he is now extremely close to being able to prove definitively that the 1066 Battle of Fulford took place on the proposed route from the A19 into the Germany Beck site, where 650 properties are set to be built by Persimmon Homes.

He revealed he has lodged an application for a judicial review of a recent 'Written Scheme of Investigation' issued by City of York Council, which details the archaeological work which would be needed before construction work can start and which he claims fails on13 counts, including:

  • a failure to follow conditions laid down by the Secretary of State in granting planning permission in 2007, ordering a pre-development metal detecting survey of the site
     
  • a failure to follow local and national guidance
     
  • a failure to list or investigate published evidence for the battle of Fulford.

He warned he would seek an injunction to halt work if contractors suddenly tried to make a start on the road building project and risked destroying evidence.

He has also appealed against a High Court judge's decision in July to throw out his challenge against English Heritage's refusal to designate Germany Beck as the site of the battle in an official Battlefield Register.

Fulford Parish Council has also appealed against a different decision to refuse its application for a judicial review into the approval of planning permission for reserved matters. Mr Jones said a judge had now agreed there should be an oral hearing to consider both appeals.

City archaeologist John Oxley said the WSI was prepared by MAP Archaeological Practice for Permission Homes and submitted to the council as part of a lengthy approval process and several provisions were requested.

“The WSI represents a comprehensive archaeological programme which will identify and record archaeological deposits that lie within the development area at Germany Beck," he said.

"We are working with Permission Homes and their archaeological contractors to ensure this programme is implemented successfully.”

Simon Usher, deputy managing director at Persimmon Homes Yorkshire, claimed Mr Jones had consistently claimed the site was the location of the Battle of Fulford but had yet to produce any 'meaningful evidence' to substantiate his views.

He said: “It is disappointing that yet again Mr Jones is claiming his evidence is forthcoming rather than publishing his material now and allowing scrutiny by the appropriate authorities."

“Attempts by Mr Jones and Fulford Parish Council to judicially review both decisions have been thrown out by the high court a total of five times to date and we are confident of a similar outcome to both their renewed attempts and to this new challenge in light of the comprehensive and robust assessments undertaken by the City of York Council and English Heritage."