Oxford United digs plans face legal gauntlet



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Legal challenge against Oxford United’s new stadium Image: Oxford United and AFL Architects

A legal challenge to the decision to grant the English Football League (EFL) Championship team Oxford United F.C. (UK) permission to build a new 16,000-seater stadium has been lodged with the High Court.

‘BBC’ stated that the club’s plans to build the new venue on land known as ‘The Triangle’, near Kidlington (town in the Cherwell district of Oxfordshire, England, UK) were approved by the Cherwell District Council and the Government last year.

Preston (UK)-based the English Football League (EFL) is a league of professional football clubs from England and Wales. Founded in 1888 as the Football League it is the oldest football league in the world and was the top-level football league in England from its foundation until 1992 when the top 22 clubs split from it to form the Premier League, the highest level of the English football league system. The Football League was rebranded as the ‘English Football League’ (EFL) starting with the 2016-2017 seasons.

The Oxford United Football Club is a professional football club based in Oxford, England (UK). The club competes in the EFL Championship, the second tier of English football.

The 12,500-capacity Kassam Stadium is the home of the Oxford United F.C. and is named after the ground’s Owner and the former Chairman of the football club Firoz Kassam.

‘The Triangle’ is a highly biodiverse site of approximately five hectares.

‘BBC’ further stated that the Oxford United said the new stadium provides a “once-in-a-generation opportunity” and has suggested that the club’s future could be in jeopardy were the ground not to be built.

But the campaign group Friends of Stratfield Brake (FoSB) has persistently opposed the plans throughout the process and has now taken its complaints to the High Court by attempting to launch a judicial review.

The Friends of Stratfield Brake (FoSB) was formed in early 2022 to oppose the Oxfordshire County Council’s (OCC’s) proposal to allow the Oxford United Football Club (OUFC) to build a stadium and associated commercial development on Stratfield Brake (oasis for wildlife) and/or ‘The Triangle’. Since that time they have focused on promoting awareness of the proposal locally and challenging the process as it unfolds to ensure that the local concerns are heard.

The group has lodged the legal complaint over the new ground’s potential impact on the local wildlife and aspects of the planned road closures.

A spokesperson for FoSB said the decision to grant the stadium planning permission had been “flawed”.

The spokesperson added, “The impacts of this development on the adjacent woodland and transport have not been properly considered.”

Ricardo Gama, from the law firm Leigh Day, is representing the group and said his clients “felt they had no choice but to file court proceedings”.

He added, “They look forward to putting their arguments to a judge.”

The campaign group has now launched judicial review proceedings in the High Court having previously launched a fundraiser to cover the legal costs of the appeal.

The Cherwell District Council added in a statement that it was “confident in its decision and in the event of any judicial review will robustly defend its position.”

Meanwhile, a spokesperson for Oxford United said, “A rigorous and detailed planning process was followed by the Cherwell District Council and we look forward to supporting them defend their decision.”

Referencing the threat of a judicial review earlier this year the club’s Chairman Grant Ferguson said there were “different avenues” the club could take to fight the potential legal challenge.

He said, “We will make that decision when we really understand what the merits of the case are, or lack thereof, and how a court is likely to respond to it. We are pretty comfortable that we are ahead of the curve.”

Any interested party in the English planning decisions can challenge a verdict in the High Court via a judicial review.

This can only analyze the legality of the process through which a decision was reached by a planning body and is not concerned with the conclusions of that process and whether those were “right”.

In launching the proceedings the FoSB are arguing that the Cherwell District Council acted unlawfully in approving the development on a Green belt land.

The group must now gain permission from a High Court judge for their case to be heard.

If successful, a hearing would take place at the Royal Courts of Justice with the points of law argued by both sides before the judge comes to a verdict.

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