Port Meadow student flats plan could end up in court

9:50am Friday 15th March 2013 in News Photograph of the Author By Reg Little, Oxford Times Chief Reporter. Call me on 01865 425434

Helen Marshall with the flats in the background Helen Marshall with the flats in the background

The battle to save historic views of Port Meadow could be heading to court.

Final touches are being put to a legal challenge against the planning permission granted to Oxford University for four- and five-storey student blocks overlooking the Meadow.

Campaigners are ready to seek a judicial review after receiving legal advice suggesting that Oxford City Council failed to fulfil its duties under EU law.

It also suggests that a key “screening decision” by the council affecting views of the Grade I listed St Barnabas Church in Jericho appears to be unlawful.

With thousands having signed a petition calling for the university to reduce the height of the blocks in Roger Dudman Way by two storeys, the prospect of a legal battle has been boosted by Robert McCracken QC, a specialist in environmental law.

It is understood the legal challenge would focus on the council’s apparent failure to conduct an environmental impact assessment.

Toby Porter, spokesman of the Campaign to Protect Port Meadow, which says it now has 3,000 supporters, said: “We have over the past few months identified a number of very serious shortcomings with the process and are not surprised to learn that planning permission may have been granted illegally.”

Helen Marshall, director of the Oxfordshire branch of the Campaign to Protect Rural England, said: “We are in receipt of the legal opinion from the QC. It suggests that planning officers, however unintentionally, may have acted unlawfully. Campaigners are now considering how best to present it to the council.”

Councillors last month urged the university to reduce the height of the buildings, despite having originally given it planning permission. Officers had warned that the Town Hall could be left with a hefty bill of more than £1m if permission was revoked.

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The council is currently meeting with the university to discuss what could be done to lessen the impact on views, after councillors ordered a report on how the impact of the Castle Mill development, creating 312 student flats, could be reduced.

City council spokeswoman Louisa Dean said: “These points were raised and addressed in the report that was prepared for councillors at West Area Planning Committee.

“We are now in conversation with the university about the building and we will be bringing those issues back to the next meeting.”

While declining to comment on the legal challenge facing the city, Oxford University said it was continuing to explore options with council officers.

Comments (6)

10:51am Fri 15 Mar 13

jockox3 says...

First off, what happened to the rule about submitting a judicial review application within twelve weeks of the grant of permission?

Second, it is, of course, not the "Town Hall could be left with a hefty bill of more than £1m if permission was revoked" but all the other taxpayers of Oxford not engaged in this action. So I hope they bear that in mind whatever action they decide to take.
First off, what happened to the rule about submitting a judicial review application within twelve weeks of the grant of permission? Second, it is, of course, not the "Town Hall [that] could be left with a hefty bill of more than £1m if permission was revoked" but all the other taxpayers of Oxford not engaged in this action. So I hope they bear that in mind whatever action they decide to take. jockox3

10:58am Fri 15 Mar 13

Myron Blatz says...

Labour-controlled City Council and its equally inept Planning Department seem to have got it wrong again - and one way or another it is the people of Oxford who will end up paying - either in massive legal costs, or having yet more student accommodation become a blot on the skyline. Ironic when you think how many times the people of Oxford have tried to reign-in the mono-focussed and dictatorial City Council in its own desire to convert anything not covered by government legislation into student flats, swimming pools nobody wants, and even the creation of empty 'community spaces' where community centres once provided somewhere for people to use and enjoy, instead of the creation of open bombsites! If Oxford City Council was a £multi-million commercial company, perhaps the shareholders would be asking for the resignation of not just the chairman and his board of directors, but also getting rid of an apparently inept management. Maybe people should think about that, next time there is a local election, because the current City Council doesn't seem to be offering much of a 'party' to enjoy!
Labour-controlled City Council and its equally inept Planning Department seem to have got it wrong again - and one way or another it is the people of Oxford who will end up paying - either in massive legal costs, or having yet more student accommodation become a blot on the skyline. Ironic when you think how many times the people of Oxford have tried to reign-in the mono-focussed and dictatorial City Council in its own desire to convert anything not covered by government legislation into student flats, swimming pools nobody wants, and even the creation of empty 'community spaces' where community centres once provided somewhere for people to use and enjoy, instead of the creation of open bombsites! If Oxford City Council was a £multi-million commercial company, perhaps the shareholders would be asking for the resignation of not just the chairman and his board of directors, but also getting rid of an apparently inept management. Maybe people should think about that, next time there is a local election, because the current City Council doesn't seem to be offering much of a 'party' to enjoy! Myron Blatz

11:27am Fri 15 Mar 13

EMBOX2 says...

I saw these buildings for the first time last Sunday, and I was uttertly horrified.

They are truly, truly hideous.

Sadly they cannot be demolished, really, but whoever was responsible for allowing these to pass needs to be crucified - they look as bad as the Westgate centre!
I saw these buildings for the first time last Sunday, and I was uttertly horrified. They are truly, truly hideous. Sadly they cannot be demolished, really, but whoever was responsible for allowing these to pass needs to be crucified - they look as bad as the Westgate centre! EMBOX2

1:16pm Fri 15 Mar 13

Andrew:Oxford says...

I do love the way groups go down the legal route, making the assumption that just because a lawyer has found an opportunity - that it's going to be the right way.

In some ways, a lawyer is just like a washing machine repair man. If the customer wants to hear that the old machine can be fixed, they will do their best to find a way to fix it at a billable rate.

There does need to be a serious review of the legislation around "consultation" though. It appears to be so terribly flawed that it's possible to pick holes in any reasonable attempt at "consultation".
I do love the way groups go down the legal route, making the assumption that just because a lawyer has found an opportunity - that it's going to be the right way. In some ways, a lawyer is just like a washing machine repair man. If the customer wants to hear that the old machine can be fixed, they will do their best to find a way to fix it at a billable rate. There does need to be a serious review of the legislation around "consultation" though. It appears to be so terribly flawed that it's possible to pick holes in any reasonable attempt at "consultation". Andrew:Oxford

6:41pm Fri 15 Mar 13

Myron Blatz says...

Isn't City Council's view that the tax and council tax payers cough-up for 'consultations' and then still goes ahead with what the City Council wants to do - for the good of the people, even if the people don't want it? Labour got rid of Area Committees and planning democracy when in took control of Oxford in 2010, and would seem to have a nasty little habit of 'political deafness' when it so wishes!
Isn't City Council's view that the tax and council tax payers cough-up for 'consultations' and then still goes ahead with what the City Council wants to do - for the good of the people, even if the people don't want it? Labour got rid of Area Committees and planning democracy when in took control of Oxford in 2010, and would seem to have a nasty little habit of 'political deafness' when it so wishes! Myron Blatz

11:59pm Fri 15 Mar 13

jockox3 says...

Absolutely Myron. All I am saying is that if they are taken to court and lose, then it is us, not them, that will lose. And that seems like a hideous injustice.

I am sure these campaigners mean well, but they have to face it, permission was given and there's no court on earth now that can strike that down after 12 weeks, but they could still go to court and land their fellow city residents with the bill. And I would be personally peeved off if they caused that.
Absolutely Myron. All I am saying is that if they are taken to court and lose, then it is us, not them, that will lose. And that seems like a hideous injustice. I am sure these campaigners mean well, but they have to face it, permission was given and there's no court on earth now that can strike that down after 12 weeks, but they could still go to court and land their fellow city residents with the bill. And I would be personally peeved off if they caused that. jockox3

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