CAMPAIGNERS have today won a battle in the war over building a new multi-million pound pool in Oxford.

A High Court judge has given permission for a judicial review of Oxfordshire County Council’s decision not give part of Blackbird Leys Park - where the city council wants to build the new pool – Town Green status to protect it from development.

It means a further delay at the minimum to building the pool, which was originally supposed to be open before last year’s Olympics.

Speaking after the hearing William Clark, a Pegasus Road resident who has been involved in the judicial review, said: “I am over the moon.”

He said he was not against building a pool, just the site chosen by the city council.

The main issue in the case related to whether Blackbird Leys residents used the park “by right” or “as of right”.

Land can only be registered as a town green if, for 20 years or more, residents use it for lawful sports and pastimes as of right, which means they have a legal entitlement to do so.

The city and county council’s claim was that the land which makes up Blackbird Leys Park was made available to the public as a park through legislation such as the Public Health Act 1875 and as such was used by right.

The review is anticipated before the end of this legal term, which finishes in May.

This judicial review fight is different to the one by the Save Temple Cowley Pools campaign group challenging the city council’s decision to close the rundown facility. Save Temple Cowley Pools abandoned its quest for a judicial review earlier this year.