Luton Council has confirmed that Capital & Regional has launched a legal challenge over the decision to grant planning permission for Luton Town Football Club’s Newlands Park regeneration scheme.
The retail group, which owns The Mall shopping centre, last month signalled its intention to do so unless the authority reconsidered their decision to grant planning consent for the mixed-use scheme at junction 10 of the M1.
The Council responded with a strongly worded statement and football fans and supporters of the scheme waited for Tuesday’s deadline for any objectors to apply to the High Court for a judicial review.
But the council has today received legal papers confirming that Capital & Regional have carried out their threat.
While confirming they ‘remain entirely confident that the decision making process contained no legal flaws’ they have said fighting the judicial review will come at a ‘potential cost to Luton taxpayers’ and lead to ‘inevitable delays’ in Newlands Park being built.
The Council statement read: ‘On 11 March 2019 the Council’s Development Control Committee resolved to grant planning permission for the Newlands Park planning application for a mixed-use gateway scheme incorporating offices, retail and leisure.
‘It was then referred to the Secretary of State who chose not to “call in” the application. As a result, the council issued the final decision following the signing of the S106 legal agreement on 24 September 2019.
‘After the lawyers representing Capital & Regional notified us of their intention to launch a legal challenge into the decision, we considered the matters they raised and responded in a letter firmly rebutting the grounds of challenge with the reasons why.
‘Following this we have now received papers confirming that Capital and Regional have formally challenged the decision through the courts, which was done within the permitted timeline following the council’s decision being published.
‘We remain entirely confident that the decision-making process contained no legal flaws, which is a view supported by our legal representatives who have been scrutinising the grounds for challenge put forward.
‘We are both surprised and disappointed that this action is being taken and concerned about the potential cost to Luton taxpayers and the inevitable delays in this beneficial development coming forward.
‘It is right that we vigorously defend the decision and we intend to do so.’
