FOI release

Project approval and delegations for the Sandy Lane Recreation ground affordable housing development

This request was refused in part, so we didn't provide some of the information the requester asked for. This may include information where we can neither confirm nor deny that we hold it.

Case reference FOI2026/00702

Received 8 July 2026

Published 6 August 2026

Request

Dear Dave Scholes, Affordable Housing Supply Corporate Lead I am writing to request clarification and non‑exempt supporting information relating to the Cabinet report “Project approval and delegations for the Sandy Lane Recreation Ground affordable housing development” (18 March 2026). I am seeking further detail only on matters that fall within the scope of lawful disclosure and do not touch on commercially sensitive content. My questions are grouped for clarity. 1. HRA Viability and Financial Assumptions * Could you provide a plain‑language explanation of how the HRA viability tests (NPV, IRR, and payback period) were applied to the Sandy Lane scheme? * Could you provide a high‑level narrative summary of the financial assumptions used in Appendix 1, excluding any commercially sensitive figures? No – commercially sensitive (that’s why they were in a confidential appx) * Could you outline, at a broad level, how the £97.5m budget is structured (e.g., land preparation, pitch reprovision, construction, professional fees), again without disclosing sensitive costings? As above 2. Legal and Statutory Processes This will require support from Legal * What is the planned timetable for issuing the Section 122(2A) open space appropriation notice? * How will objections to the appropriation be handled and reported to Cabinet? * Could you outline the criteria the Council will use to determine whether reliance on Section 203 of the Housing and Planning Act 2016 may be required? * Could you confirm the legal tests that must be met before the land can be appropriated from the General Fund to the Housing Revenue Account? 3. Environmental Information (Disclosable under EIR) No – all work in progress and will be made public when work is ready – as part of the planning application * Could you provide the environmental assessments used to inform the masterplan (including flood risk, drainage, biodiversity, noise, and air quality)? * Could you provide the ecological and biodiversity net gain calculations for the Sandy Lane site? * Could you provide the SuDS strategy and drainage modelling for both Sandy Lane and Herschel Crescent? * Could you provide the noise mitigation strategy relating to the Eastern Bypass and the Cowley Branch Line? 4. Football Pitch Reprovision and Sport England Requirements * Could you provide the design rationale for the pitch layouts at Herschel Crescent, including drainage improvements and year‑round usability? * Could you provide the operational cost assumptions for maintaining the new pitches and pavilion? No – work in progress and will be inform future budget/ MTFP work * Could you provide the consultation feedback received from Sport England, Greater Leys FC, ward members, and community representatives? No – all work in progress and will be made public when work is ready – as part of the planning application * Could you provide the criteria used to demonstrate “qualitative betterment” under Sport England’s Playing Fields Policy? As above 5. Housing Mix, Accessibility, and Design Standards * Could you provide the accessibility strategy for the M4(3) wheelchair‑accessible homes? * Could you explain how the mix of Social Rent and Shared Ownership homes was determined to meet both HRA viability and local housing need? We can maybe answer, in part, but final determination will be a matter for Planning * Could you provide the assumptions used to determine the number of 4‑bed and 7‑person homes? 6. Programme and Delivery Structure * Could you provide a more detailed explanation of the critical path dependencies in the development programme? I’d suggest that we just refer back to the programme in the Cabinet report * Could you explain how the pitch reprovision timeline interacts with the planning and appropriation timeline? As above – sufficiently covered in the report for a scheme at this stage of feasibility * Could you outline the governance structure for decision‑making between the Council, OCHL, and external consultants? I appreciate that certain financial details are exempt under Schedule 12A of the Local Government Act 1972. All questions above are intentionally framed to avoid commercially sensitive areas and to focus on statutory processes, environmental information, design rationale, and non‑exempt narrative explanations. Thank you for your assistance. I look forward to your response. Kind regards, Marina Moore Oxford Email: contactmarinamoore@gmail.com I have also attach the questions

Response

In accordance with regulation 5(1) of the Environmental Information Regulations 2004 (EIR), Oxford City Council (OCC) confirms that it holds some information falling within the scope of your request.

 

OCC’s response is set out below. Where requested information is not held, regulation 12(4)(a) applies. Where information is withheld under another exception, the relevant exception and public interest considerations are explained in the applicable answer.

 

Some of the requested information is already contained in the report considered by Cabinet on 18 March 2026, entitled Project approval and delegations for the Sandy Lane Recreation Ground affordable housing development. OCC has summarised the relevant information below. The report is also publicly accessible through OCC’s committee website here

 

1. HRA Viability and Financial Assumptions

  *   Could you provide a plain‑language explanation of how the HRA viability tests (NPV, IRR, and payback period) were applied to the Sandy Lane scheme?

 

The financial appraisal considered the following measures:

 

Net Present Value assesses whether the anticipated income and other financial benefits of the scheme exceed its costs over the appraisal period, after allowing for the timing of future cash flows.

 

Internal Rate of Return measures the anticipated overall rate of return from the scheme over the appraisal period.

 

The payback period measures how long it is expected to take for the initial investment to be recovered through rental income, receipts and other scheme revenues.

 

The published Cabinet report states that the financial parameters for Housing Revenue Account schemes are a payback period of up to 70 years, a positive Net Present Value over that period and an Internal Rate of Return of at least 3 per cent.

 

The report states that meeting these parameters ensures that the Housing Revenue Account Business Plan remains financially robust. The report is publicly accessible via the link provided below:

 

OxCityCouncil Cabinet report

 

  *   Could you provide a high‑level narrative summary of the financial assumptions used in Appendix 1, excluding any commercially sensitive figures? 

 

The published Cabinet report identifies Appendix 1 as containing financial information for the Sandy Lane Recreation Ground development. The report records that Appendix 1 was exempt from publication under Schedule 12A to the Local Government Act 1972 on the basis of commercial sensitivity.

 

The published Cabinet report does not reproduce the detailed financial assumptions contained in Appendix 1.

 

  *   Could you outline, at a broad level, how the £97.5m budget is structured (e.g., land preparation, pitch reprovision, construction, professional fees), again without disclosing sensitive costings?

 

The published Cabinet report confirms that £97,551,302 has been allocated to the scheme within the Housing Revenue Account Capital Programme.

 

The report states that the scheme includes the affordable housing development, the relocation of the football pitches and the provision of a pavilion, changing facilities and storage.

 

The published report does not provide a breakdown of the budget between land preparation, pitch reprovision, construction, professional fees or other individual cost headings.

 

OCC has withheld the more detailed budget structure and allocation of costs under regulation 12(5)(e) of the EIR.

 

The withheld information contains non-public financial assumptions, cost allocations and affordability information relating to a live development and future procurement exercise.

 

OCC considers that the information has the necessary quality of confidence and that maintaining its confidentiality protects OCC’s legitimate economic interest in securing competitive prices and achieving value for money. Disclosure before the relevant procurement and contractual negotiations have concluded would reveal OCC’s internal cost assumptions, budget tolerances and negotiating position. This would enable potential bidders and contractors to calibrate their pricing against OCC’s financial expectations rather than compete independently and would adversely affect OCC’s commercial position.

 

The fact that Appendix 1 was excluded from the public Cabinet papers under Schedule 12A to the Local Government Act 1972 does not, by itself, determine whether it should be disclosed under the EIR. OCC has therefore considered the information separately against the requirements of regulation 12(5)(e). That exception requires commercial confidentiality, a legitimate economic interest and an adverse effect arising from disclosure.

 

OCC recognises the strong public interest in transparency concerning a substantial public investment, the financial viability of the scheme and OCC’s use of Housing Revenue Account resources.

 

Against disclosure, there is a public interest in protecting OCC’s position during future procurement and negotiations, maintaining effective competition and ensuring that public funds are used to obtain the best reasonably achievable value. The total budget, delivery model, housing numbers, tenure mix and viability thresholds have already been published.

 

On balance, OCC considers that the public interest in maintaining the exception outweighs the public interest in disclosing the remaining detailed financial information.

 

2. Legal and Statutory Processes

  *   What is the planned timetable for issuing the Section 122(2A) open space appropriation notice?

 

OCC does not hold a specific planned date for issuing the section 122(2A) statutory notice.

 

The published Cabinet report states that the proposed appropriation of Sandy Lane to planning purposes is intended to take place following completion and operation of the replacement facilities at Herschel Crescent and subject to outline planning consent being in place.

 

The published development programme identifies September 2027 as the target date for appropriation of Sandy Lane to a planning purpose. The report does not give a date for issuing the statutory notice.

 

To the extent that your request seeks a more specific timetable for issuing the notice, regulation 12(4)(a) of the EIR applies because that information is not held by OCC.


  *   How will objections to the appropriation be handled and reported to Cabinet?

 

The published Cabinet report states that, as the site comprises open space, OCC will, where applicable, advertise the proposed appropriation and consider any objections received before making a decision.

 

Cabinet also noted the intention to bring forward a further report for consideration of the proposed appropriation of the site from recreation and open-space purposes to planning purposes and the potential reliance on section 203 of the Housing and Planning Act 2016.

 

The published report does not set out how individual objections will be assessed or how they will be presented within the future Cabinet report.

 

OCC does not hold further recorded information setting out how objections will be handled or reported beyond the information contained in the published Cabinet report. Regulation 12(4)(a) of the EIR therefore applies to that further information.

 

  *   Could you outline the criteria the Council will use to determine whether reliance on Section 203 of the Housing and Planning Act 2016 may be required?

The published Cabinet report states that appropriation to planning purposes would enable reliance, where necessary, on section 203 of the Housing and Planning Act 2016 to allow the development to proceed notwithstanding interference with certain third-party rights. It also states that compensation would be payable in accordance with the legislation.

 

The published report does not set out a separate scheme-specific list of criteria for determining whether reliance on section 203 will be required.

 

OCC does not hold further recorded scheme-specific criteria beyond the information contained in the published report. Regulation 12(4)(a) of the EIR therefore applies to that further information.

 

  *   Could you confirm the legal tests that must be met before the land can be appropriated from the General Fund to the Housing Revenue Account?

 

The published Cabinet report states that, before practical completion of the first residential units, a further appropriation from the General Fund to the Housing Revenue Account will be sought under section 19 of the Housing Act 1985.

 

The report also states that the proposed appropriation from the General Fund to the Housing Revenue Account will be subject to approval by Full Council.

 

The published report records the proposed statutory route and approval process but does not set out a separate list of legal tests.

 

OCC does not hold further recorded scheme-specific information setting out the legal tests requested. Regulation 12(4)(a) of the EIR therefore applies to that further information.

 

3. Environmental Information (Disclosable under EIR)

  *   Could you provide the environmental assessments used to inform the masterplan (including flood risk, drainage, biodiversity, noise, and air quality)?

At the date of your request, the relevant flood-risk, drainage, biodiversity, noise and air-quality documents were still being prepared and had not been completed.

 

  *   Could you provide the ecological and biodiversity net gain calculations for the Sandy Lane site?

The ecological and biodiversity net gain work is currently in progress. The completed information will accompany the relevant planning application.

 

  *   Could you provide the SuDS strategy and drainage modelling for both Sandy Lane and Herschel Crescent?

The sustainable drainage strategy and drainage modelling work are currently in progress. The completed information will accompany the relevant planning application.

 

  *   Could you provide the noise mitigation strategy relating to the Eastern Bypass and the Cowley Branch Line?

 

The noise assessment and mitigation work is currently in progress. The completed information will accompany the relevant planning application.

 

OCC has withheld these documents and data under regulation 12(4)(d) of the EIR because they comprise, or relate directly to, material still in the course of completion, unfinished documents and incomplete data.

 

The exception does not apply merely because the overall project is continuing. It applies because the particular assessments, calculations, models and strategies requested were themselves unfinished or incomplete at the date of the request. Regulation 12(4)(d) must be applied to the status of the particular material, rather than simply to the wider project.

 

The documents are being prepared on OCC’s behalf by the project team and appointed technical consultants. OCC expects the completed documents to accompany the relevant planning applications and to become publicly accessible through the planning register. The published development programme identified the pitch-relocation planning process for 2026 and the Sandy Lane outline planning submission for January 2027, although these dates remain programme targets.

 

OCC recognises the significant public interest in early scrutiny of the environmental effects of a major development, particularly its effects on open space, drainage, biodiversity, noise, air quality and community facilities.

 

Against disclosure, the documents remained subject to technical analysis, checking and revision. Premature disclosure would present provisional material without the final conclusions, mitigation measures or supporting context and could interfere with the orderly completion of the technical work. Publication with the relevant planning applications will allow the public to consider the completed material and participate through the formal planning process.

 

Having applied the presumption in favour of disclosure, OCC considers that the public interest in maintaining regulation 12(4)(d) outweighs the public interest in disclosure at this stage.

4. Football Pitch Reprovision and Sport England Requirements

  *   Could you provide the design rationale for the pitch layouts at Herschel Crescent, including drainage improvements and year‑round usability?

The pitch layouts at Herschel Crescent are being developed to reprovide the pitch capacity currently available to Greater Leys Football Club.

 

The design work has considered:

 

compliance with relevant Sport England guidance;

 

site constraints and topography;

 

drainage requirements;

 

pitch orientation and player safety;

 

year-round usability and maintenance requirements; and

 

opportunities to improve the quality and resilience of the facilities compared with the existing provision.

 

The published Cabinet report states that four pitches are proposed at Herschel Crescent, supported by purpose-built changing facilities and secure storage. It also states that OCC is exploring the delivery of an additional pitch at another OCC-owned site to help offset the quantitative land deficit.

 

The detailed design remains under development and will be refined through the planning process.

 

  *   Could you provide the operational cost assumptions for maintaining the new pitches and pavilion? 

The operational cost assumptions are currently work in progress and will inform future budget and Medium Term Financial Plan work.

 

The published Cabinet report states that OCC will assume responsibility for maintaining the improved playing fields, including drainage management, grounds upkeep and the running and lifecycle costs associated with the new changing facilities. The report does not provide the requested operational cost assumptions.

 

The unfinished assumptions are withheld under regulation 12(4)(d) for the reasons and public interest considerations set out in the response to question 3.

 

  *   Could you provide the consultation feedback received from Sport England, Greater Leys FC, ward members, and community representatives?

The published Cabinet report states that initial consultation took place with Sport England, local football stakeholders, ward members and community representatives.

 

The report records that stakeholders highlighted the need for:

 

flexible pitch layouts;

 

appropriate on-site facilities and storage;

 

safe access arrangements;

 

sufficient parking capacity; and

 

high-quality maintenance.

 

The report states that this feedback directly shaped the preferred approach at Herschel Crescent so that the design responds to operational needs and community priorities.

 

It also states that further consultation will continue throughout the design and planning stages to confirm mitigation requirements, refine the pitch layout and ensure that the proposals remain aligned with community needs and regulatory expectations.

 

  *   Could you provide the criteria used to demonstrate “qualitative betterment” under Sport England’s Playing Fields Policy?

 

The published Cabinet report states that Sport England’s Playing Fields Policy requires any loss of playing-field land to be mitigated either through like-for-like quantitative replacement of the land area or, where that is not achievable, through a qualitative improvement providing equivalent or enhanced sporting value.

 

The report states that the Sandy Lane site is larger than the Herschel Crescent site and that a full quantitative replacement of the playing-field land is therefore not feasible.

 

The report identifies the following intended elements of qualitative improvement:

enhanced pitch quality;

improved drainage;

more reliable year-round pitch availability;

equivalent access to pitch formats;

modernised and higher-specification facilities;

enhanced changing rooms and storage;

improved parking; and

better overall accessibility.

 

The published report states that four pitches will be provided at Herschel Crescent, supported by new purpose-built changing facilities and secure storage. OCC is also exploring an additional pitch at another OCC-owned site to help offset the quantitative land deficit.

 

The report describes this approach as offering qualitative betterment over the current Sandy Lane provision.

 

5. Housing Mix, Accessibility, and Design Standards

  *   Could you provide the accessibility strategy for the M4(3) wheelchair‑accessible homes?

The proposals include homes intended to meet relevant accessibility standards, including M4(3) wheelchair user dwellings. The published Cabinet report states that 5 per cent of the proposed homes will be built to the M4(3) standard.

 

The accessibility approach includes step-free access, accessible internal layouts, appropriately designed bathrooms and circulation spaces, and parking and external environments intended to support independent living.

 

Detailed specifications will be determined through the planning and detailed-design process.

 

  *   Could you explain how the mix of Social Rent and Shared Ownership homes was determined to meet both HRA viability and local housing need? 

The current proposal comprises 261 Social Rent homes and 70 Shared Ownership homes.

 

The tenure mix was informed by local housing need, OCC’s housing priorities, financial viability, funding availability, planning policy and the Housing Revenue Account Business Plan.

 

Alternative mixes, including different levels of Shared Ownership or market housing, were modelled. These were not recommended because they were either financially unviable or would have delivered fewer Social Rent homes. The proposed mix seeks to prioritise affordability while maintaining the financial viability of the scheme.

 

  *   Could you provide the assumptions used to determine the number of 4‑bed and 7‑person homes?

 

The current proposal includes 13 four-bedroom, seven-person homes.

 

The housing mix has been informed by recorded demand for larger family accommodation, including demand identified through OCC’s housing register and wider evidence of local housing need. The provision is intended to address the shortage of larger affordable family homes and support a balanced mix of accommodation.

 

Final dwelling numbers and sizes remain subject to detailed design and the planning process.

 

6. Programme and Delivery Structure

  *   Could you provide a more detailed explanation of the critical path dependencies in the development programme? 

 

The following target programme was included in the published Cabinet report:

 

Project Milestone 

Target Date 

Play Pitch Relocation Planning Submission and determination 

June 2026 – November 2026 

New Playing Pitch facilities operational 

August 2027 

Appropriation of Sandy Lane to a Planning Purpose 

September 2027 

Outline Planning Submission for Sandy Lane  

January 2027 

Outline Determination 

June 2027 

Reserved Matters for Phase 1 (60 units) Planning Submission 

August 2027 

Reserved Matters for Phase 1 Determination  

November 2027 

Procurement for Phase 1 

November 2027 - April 2028 

Discharge Conditions and Enabling Works  

May 2027 - July 2028 

Start on Site Phase 1 

June 2028 

Appropriation from the GF to the HRA 

November 2029 

Handover Phase 1 

December 2029 

Completion all phases 

Summer 2034 

 

The proposed development programme is set out in the published Cabinet report and is reproduced below.

 

OCC has provided the recorded programme information supplied by the relevant service in re-sponse to this request.

  *   Could you explain how the pitch reprovision timeline interacts with the planning and appropriation timeline?

 

The published Cabinet report states that no development will take place at Sandy Lane until the replacement playing pitch facilities are operational.

 

The programme identifies August 2027 as the target date for the new playing pitch facilities to become operational and September 2027 as the target date for appropriation of Sandy Lane to a planning purpose.

 

  *   Could you outline the governance structure for decision‑making between the Council, OCHL, and external consultants?

I appreciate that certain financial details are exempt under Schedule 12A of the Local Government Act 1972. All questions above are intentionally framed to avoid commercially sensitive areas and to focus on statutory processes, environmental information, design rationale, and non‑exempt narrative explanations.

 

OCC acts as the landowner, strategic client and proposed direct developer through the Housing Revenue Account.

 

Oxford City Housing (Development) Limited, trading as OX Place, is proposed to act as OCC’s development agent. This arrangement is to be formalised through a Development Services Agreement.

 

External consultants provide specialist technical advice on matters including planning, design, environmental assessment, engineering, sport and cost consultancy.

 

Cabinet has delegated authority to the Deputy Chief Executive – City and Citizens’ Services, in consultation with the Cabinet Member for Housing, the Group Finance Director and OCC’s Monitoring Officer, to enter into the necessary development contracts and agreements within the approved budget, except where an existing officer delegation applies.

 

Further decisions concerning appropriation of the land will be taken through OCC’s constitutional arrangements, including further consideration by Cabinet and, for the proposed transfer from the General Fund to the Housing Revenue Account, Full Council.

 

In accordance with regulation 9 of the Environmental Information Regulations 2004, OCC advises that the Cabinet report and its published appendices provide further information concerning the scheme, its programme, housing mix, pitch-reprovision proposals, legal processes and governance arrangements.

 

Completed environmental assessments and other planning documents will be publicly accessible through OCC’s planning application register when the relevant applications are submitted. The register allows members of the public to view documents, comment on applications and follow their progress.

 

If you disagree with any part of the response to your request, you are entitled to ask the Council for an internal review of the decision(s) made. You may do this by writing to the Monitoring Officer, by either email monitoringofficer@oxford.gov.uk – or by post to Monitoring Officer, Oxford City Council, Town Hall, St Aldate’s, Oxford, OX1 1BX.  After the result of the internal review, if you remain dissatisfied, you may ask the Information Commissioner to intervene on your behalf.  You may do this by writing to the Information Commissioner's Office, Wycliffe Lane, Wilmslow, Cheshire, SK9 5AF.

 

Yours sincerely,

 

 

Freedom of Information Officer

 

| Freedom of Information Team | Law & Governance | Oxford City Council | Town Hall | St Aldate’s | Oxford | OX1 1BX |

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