Legal challenge lodged in High Court over approval of Oxford United FC stadium development

The legal challenge has been brought by community group Friends of Stratfield Brake (FoSB), arguing that Cherwell District Council acted unlawfully in approving the development on green belt land. 

Plans for the development, which include additional facilities including a hotel, restaurant and conference centre, would see Oxford United relocate to a new 16,000 capacity stadium site between Kidlington and Oxford in a space known as ‘the Triangle’, adjacent to part of the Stratfield Brake area of woodland. 

A full planning application was submitted in February 2024 and has since attracted substantial local opposition, particularly in relation to environmental impacts and transport arrangements. 

FoSB had raised its concerns directly with the council on numerous occasions during the planning process. Lawyers at Leigh Day also sent a formal pre-action protocol letter on behalf of FoSB setting out its legal objections to the decision. However, following the council’s refusal to acknowledge such concerns, FoSB has now officially filed proceedings seeking permission to apply for a judicial review. 

A key issue concerns the council’s treatment of advice from Natural England on the ecological status of woodland at Stratfield Brake. Natural England advised that the evidence as to whether the woodland is ancient was inconclusive and recommended a precautionary approach. 

The claim also challenges the council’s assessment of matchday road closures. FoSB argues that the council accepted an assumption that extensive traffic management measures could be set up and removed within a very short period of time, despite there being no realistic evidential basis for that conclusion. 

FoSB contends that these alleged errors were material to the decision to grant planning permission. The group are seeking to quash the permission. 

The case will now proceed to the permission stage, where a judge will decide whether the judicial review should go forward to a full hearing. 

FoSB is represented by Ricardo Gama, human rights partner at law firm Leigh Day. 

An FoSB representative said: 

“We have engaged with the council throughout this process and made our concerns clear at every stage, including through formal legal correspondence. Unfortunately, those concerns have not been addressed, leaving us with no option but to bring this judicial review. We believe the decision is flawed and that the impacts of this development on the adjacent woodland and transport have not been properly considered.” 

Ricardo Gama said: 

“Our clients felt they had no choice but to file court proceedings because the council has failed to address their concerns over the impact which the stadium development would have on an ecologically important woodland and on local traffic. They look forward to putting their arguments to a judge.”