CITY councillors have vowed to fight Network Rail at an inquiry over its refusal to use so-called 'silent track' on the railway through North Oxford.

At a meeting of Oxford City Council's west area planning committee on Tuesday, they refused requests from the company to lift a requirement to use special rail damping on the tracks.

This went against legal advice provided to the council by a QC, who said they did not have a strong enough case to do so.

Network Rail argues the measure would make only marginal differences and is not 'cost effective'. The track is untested in Britain.

But residents argue the firm is not doing enough to meet its duties to reduce the sound of trains passing their homes.

Councillor Colin Cook said: "The advice we have had seems to fly in the face of common sense. 

"I want residents to be able to have their day in court."

Speaking after the meeting, a representative of Network Rail, who refused to give his name, said it had 'no choice' but to appeal the decision.

He said: "We will now have to waste more taxpayers' money on a pointless exercise."

Dr Michael Drolet, of First Turn, said: "We are really pleased with this decision. We just want Network Rail to be held to account."

The noise mitigation already put in place by Network Rail, including noise barriers and home insultation worth £15m, was required by a ruling set down by the Secretary of State.

An earlier ruling said it had to do so as part of the East West Rail scheme.