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New residential construction is planned near the Biovectra chemical plant in Charlottetown. (CBC)

A Charlottetown chemical company is going to the Supreme Court of Prince Edward Island to stop construction of apartment buildings in its backyard.

BioVectra said it's unsafe to have people living close to its manufacturing facility.

Monday, a three-day hearing at the Island Regulatory and Appeals Commission (IRAC) was supposed to get underway but that hearing is on hold until at least Tuesday since BioVectra went to the provincial Supreme Court asking for a judicial review.

The company said their outdoor storage tanks, located just metres away from the residential construction, contain dangerous chemicals.

But it's the access road, Nicholas Lane, to the apartments that is the focus of BioVectra's filing with the Supreme Court.

Nicholas Lane runs off a provincial highway, but the city built the road without getting proper permission from the province. Transportation Minister Robert Vessey OKed the move after the road was built.

BioVectra is challenging the legality of that, and wants the Supreme Court to weigh in. As a result, Monday morning's IRAC hearing was cut short.

IRAC is supposed to hear an appeal from BioVectra into three building permits that were issued by the city for construction of the apartments.

BioVectra's lawyer Jonathan Coady, asked for what could be a lengthy adjournment of the IRAC hearing while the judicial review goes forward. But David Hooley, the city's lawyer, called the Supreme Court filing a "fishing expedition" and unlikely to resolve the issue. Matthew Bradley, the lawyer for the building developers, called it a "delay for the sake of delay."

IRAC's three-member panel will announce Tuesday whether the hearing will proceed. 

The Supreme Court has not said whether it will conduct the judicial review or not.