Judicial review proceedings launched in High Court over Oxford United stadium development

Community group ‘Friends of Stratfield Brake’ (FoSB) take issue with the stadium’s potential impact on wildlife, arguing that the council acted unlawfully in approving the development on green belt land. 

Oxford United’s plans are for a 16,000-capacity stadium along with additional facilities including a hotel, restaurant and conference centre.   

The site of the development sits between Kidlington and Oxford in a space known as ‘the Triangle’, adjacent to part of the Stratfield Brake area of woodland. 

FoSB said the site, which is owned by Oxfordshire County Council, is in the Oxford green belt and is not allocated for development in Cherwell’s Local Plan.

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

FoSB said it had raised concerns directly with the council on numerous occasions during the planning process. 

Representing the claimants, lawyers at Leigh Day sent a formal pre-action protocol letter setting out the group’s legal objections to the decision.

However, following the council’s “refusal to acknowledge such concerns”, the group announced it has now officially filed proceedings seeking permission to apply for a judicial review. 

Leigh Day said: “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. 

The group claims that Cherwell “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.

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.” 

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

He 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.”

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. 

A spokesperson for Cherwell District Council said: “The council is confident in its decision and in the event of any judicial review will robustly defend its position.”

Lottie Winson