FAQ - Our Legal Challenge
What happens next?
FoSB plans to challenge Cherwell District Council’s decision to approve the planning application for a stadium. This will cost about £50,000 so the key focus at the moment is on fund raising.
What is the timescale?
The claim against Cherwell District Council must be filed within six weeks of the planning notice being posted on the planning portal. The first step is to issue a pre-action protocol (PAP) letter which is a formal letter sent to a potential defendant detailing a legal claim, aimed at resolving disputes without litigation. This outlines FoSB’s claim and is required in order to give the Council a chance to settle the action and keep it out of the courts.
Our pre-action protocol (PAP) letter to Cherwell District Council was sent on Tuesday 3 March 2026. The council has been asked to respond by 17 March 2026. Cherwell District Council has asked for extra time to reply. We now expect a response by 19 March.
If the claim proceeds after the PAP stage then court hearings will be necessary and this stage is likely to take months.
Which law firm are you using?
We received initial advice from the Environmental Law Foundation. We have instructed Leigh Day to continue with the process. To quote from their website: "Leigh Day is widely regarded as one of the leading law firms specialising in claimant environmental work in the UK and around the world."
For more information see Leigh Day's press release.
What are your grounds for the legal challenge?
Each ground (i.e. the reason for the challenge) has to be based on a point of law. The legal challenge can’t simply be a re-run of the issues raised in the planning application. There are many things that are wrong with the stadium proposal but many of those are not within the remit of a planning decision judicial review.
The pre-action protocol letter that our solicitor sent to Cherwell District Council on 3 March 2026 lists four potential grounds relating to ancient woodland, protected species, traffic impacts and safety procedures. The council has been asked to respond to our letter by 17 March 2026 and, based on the reply, our solicitor will advise us on next steps and which grounds to take forward in a judicial review claim.
Will FoSB have to pay Cherwell's costs?
During the initial stages of the claim FoSB will ask for its costs to be limited by the Aarhus Convention. If the court agrees, our liability if we lose the legal challenge will be limited to £10,000. Similarly Cherwell District Council’s costs would be capped at £35,000. But FoSB wouldn’t get this money, it would go to the lawyers who have given us discounted fee rates.
What will you do if you have any left over money?
FoSB’s goal is to raise enough money for a judicial review. If for any reason we have to stop the process, or if there are surplus funds after a judicial review, the funds will be given to a suitable local charity or cause.
The legal action we are taking will be managed in stages, each with associated costs. We will pay for our legal advice accordingly. This means it is extremely unlikely that we will be in a position in which we are holding the total amount donated at any point. We will carefully consider each stage and continuously review our strategy to optimise our chance of success on an ongoing basis.
Can FoSB’s legal challenge succeed?
In order to find the answer to this question, we have to try! We have taken legal advice and believe we have a good case. It won’t be easy and there is a chance of losing. Statistically the chances of success in any planning challenge are not high. However, FoSB believe that this proposal is so egregious that it should - and can be challenged.
What will happen if the legal challenge is successful?
The court would probably quash the planning decision so the planning approval was no longer valid. Cherwell District Council would then have to reconsider the application, and correct the errors identified by the court. However, if for example, the court ruled that the Council needed to provide a 15 m buffer for the woodland, the plans for the stadium would have to be redrawn and it would be unlikely to fit on the site!
Can development start while the legal action is proceeding?
FoSB’s understanding is that the development cannot start while the legal challenge is in progress.
What is Natural England's current position on the Ancient Woodland bordering the site?
Natural England has said that the woodland adjacent to the stadium site “could be ancient woodland” and has advised Cherwell District Council to adopt a “precautionary approach”.
Planning documents include details of the direct and indirect damage that would likely occur as a result of the development. Also, the planning application doesn’t allow for the minimum buffer of 15m between the stadium and the woodland as required by the National Planning Policy Framework.
FoSB believes that the Council has not followed Natural England’s advice and its approach to the woodland is unlawful.
What is the relevance of the photo of the woodland used in your campaign materials?
This photo was taken on the Stratfield Brake East site which borders the Triangle to the south. The woodland is is relevant to our campaign because it is an area that experts have advised us is ancient woodland and the planning documents acknowledge that it would be damaged if the stadium were to be built.
Won't legal action mean local residents will lose out on the benefits that the stadium will bring?
It is, in FoSB’s opinion, highly unlikely that the stadium will actually bring any real benefits to the local community. However, local residents would undoubtedly suffer from regular road closures leading to severe traffic congestion (even more than normal!), parking issues, lack of availability of parking at Park & Ride sites and Oxford Parkway (because fans will park in them), queues at Oxford Parkway, and much more.