One man's planning fight against Oxford city council (From The Oxford Times)

One man's planning fight against Oxford city council

9:30am Saturday 6th August 2011 in News By Chris Buratta

IT TOOK five years, several public consultations, two public inquiries and a High Court visit to create.

But now one man is mounting a legal bid to have the masterplan dictating the future size and shape of Oxford torn up.

Oxford City Council’s core strategy sets out sites for thousands of homes until 2026.

But its validity has been challenged by north Oxford resident Sean Feeney.

He wants a High Court Judge to quash it, as he says the council has failed to carry out specific duties under European environmental legislation.

If he is successful, it could delay the building of thousands of new homes.

Despite no legal training, Mr Feeney, who is on incapacity benefit due to chronic repetitive strain injury and back pain, has prepared his own case and is even representing himself.

Without a computer at home, he has relied on endless library visits to research his challenge.

“I am facing an experienced legal team and they have all the resources of the council planning department and it is just me against them,” he said.

The former Pergamon Press worker claims the council has not carried out the required impact assessments under the Habitats and Species Directive.

Mr Feeney, 45, said: “I am seeking two remedies, one is the entire core strategy is quashed and the second, that the practice of deferring assessments to later plans is declared to be unlawful.”

In March, the High Court quashed part of Forest Heath District Council’s core strategy, covering part of Suffolk, after a challenge under the same piece of legislation.

Oxford’s core strategy sets out where 8,000 homes could be built along with new employment sites that could create 3,000 jobs.

Perhaps the most controversial element is the planned Northern Gateway business park, close to the Pear Tree roundabout and the northern end of Port Meadow.

The Habitats directive states councils must assess the impact of proposed developments on important wildlife areas.

But Mr Feeney, from Victoria Road, claims this has not been done for Port Meadow, which is designated a special area of conservation.

Oxford City Council has hit back and has asked for the challenge to be “struck out” as it believes it has “no prospect” of success.

Now both sides are awaiting a High Court ruling on whether the challenge can continue.

The council’s heads of law and governance, Jeremy Thomas, said: “The purpose of the strategy is to provide broad parameters within which specific planning applications will be considered and the assessment was appropriate for those purposes.

“The core strategy contained built-in conditions and safeguards which mean that any development flowing from the strategy would only be granted approval if further future assessments confirmed that it would not harm the integrity of any special area of conservation.”

Mr Feeney has been awarded an order which means he will not have to pay any costs at this stage.

The council would not speculate about how much it would cost to defend the challenge if it proceeds.

But judicial reviews can cost upwards of £40,000 and councillors in Forest Heath estimated that case had cost taxpayers “tens of thousands of pounds”.

Work started on the council’s core strategy in 2006 and it was officially adopted in March this year.

Plans for housing in the greenbelt, south of Grenoble Road, were challenged in the High Court.