The legal battle over Oxford United's proposed new stadium has entered another chapter, with campaigners announcing they will take their case to the Court of Appeal after a second refusal of a judicial review.
Where the legal fight stands
Friends of Stratfield Brake (FoSB) confirmed on Thursday that they are lodging an appeal against a judge's decision in September to deny them permission for a judicial review of the planning approval granted for Oxford United's 16,000-seater ground on land near Kidlington known as the Triangle, beside the A34.
The group's lawyers have advised that grounds exist to challenge the September ruling. In a statement, FoSB said they remained "mindful" that the legal fight was "an uphill battle", but added: "We believe the likely impact of the proposal on the local community, and the potential for damage to the Stratfield Brake woodland, which Natural England's woodland specialists have agreed is probably ancient woodland, make this a battle worth continuing."
This is not the first knock-back the campaigners have absorbed. An earlier appeal failed outright, prompting the group to pursue a separate permission hearing at the Royal Courts of Justice in September. That too was denied.
The ancient woodland question
The woodland classification has been at the centre of the dispute since the outset. Planning permission for the stadium, first granted by Cherwell District Council, was briefly complicated when nearby trees were declared ancient. Natural England subsequently reversed that view, concluding the woodland in question did not appear on Oxfordshire maps from the 18th and 19th centuries it had examined.
FoSB originally lodged their legal complaint in April, citing concerns about impact on local wildlife and aspects of the planned road closures, having launched a fundraiser to cover legal costs. That the group has now reached the Court of Appeal stage without the underlying planning permission being overturned gives some indication of the gradient they face.
What is at stake for the club
For Oxford United, the stakes are not merely sporting. The club has occupied the Kassam Stadium since 2001, a ground that famously lacks a stand on one side and whose lease expires in 2028. The club has previously stated, in terms that stopped short of a formal deadline but were clearly intended to be taken seriously, that its future could be in jeopardy if the new ground is not built.
The Triangle scheme as approved includes a 180-bed hotel, restaurant, conference centre and community plaza alongside the stadium itself. As a package it is, in the club's own words, a "once-in-a-generation opportunity." Whether or not that phrase counts as press-release language, the 2028 lease expiry does give it a certain concrete weight.
What happens next
The Court of Appeal will now have to decide whether FoSB's challenge merits a full hearing. Given that permission for a judicial review has been refused twice already, the bar is not low. For Oxford United fans, each legal development represents another period of uncertainty about when, or whether, groundbreaking can begin in earnest.
The club is currently competing in League One. Its long-term infrastructure plans, however, will be determined not on a football pitch but in the higher courts, with a ticking lease in the background and a campaigning group that, whatever else one might say about it, has shown considerable staying power.
Frequently asked
- Why are people opposing Oxford United's new stadium?
- Friends of Stratfield Brake argue that building the stadium on land near Kidlington could damage local wildlife, including woodland they believe is ancient, and raise concerns about planned road closures in the area.
- What happens to Oxford United's Kassam Stadium lease?
- The club's lease on the Kassam Stadium, their home since 2001, is due to expire in 2028. Oxford United have said their future could be at risk if the new ground at the Triangle site is not built before then.
- Has the judicial review of Oxford's stadium been granted?
- No. Requests for a judicial review have been refused twice. Friends of Stratfield Brake are now appealing to the Court of Appeal, which will decide whether the case merits a full hearing.
