Defending legal action to quash planning permission for Luton Town Football Club’s Newlands Park regeneration scheme could hit Luton taxpayers in the pocket for at least £500,000 – that is the warning from community action group #saveourtown.
Luton Council gave consent earlier this year to the mixed-use scheme from 2020 Developments – the property arm of the Hatters – which will help finance the a new 17,500-seat stadium at Power Court, and together will bring 10,000 new jobs and inject £250million per year into the local economy.
The Secretary of State then gave the green light for the developments to progress so, after months of work, Luton Town FC and the council last month signed the section 106 agreement which confirmed the planning obligations for the two schemes and opened a six-week window for any final objections.
Now, a law firm representing long-time objectors to Newlands Park, Capital & Regional – the owners of The Mall shopping centre – has confirmed that they will apply to the High Court for a judicial review if Luton Council does not review its decision to approve the mixed-use scheme at junction 10 of the M1.
Eversheds Sutherland, who are representing Capital & Regional, has called the original decision ‘unlawful’ in a letter to Mr Clive Inwards, Team Leader of Strategic Applications at the council, indicating they will apply to the High Court if the decision is not ‘quashed’.
The #saveourtown group, which has campaigned in favour of the two regeneration developments, has warned of the ‘very grave consequences’ for ordinary Lutonians if the council is forced to defend their decision in the High Court.
Nigel Green, Chairman of the #saveourtown committee, said: “We are outraged that a law firm representing Capital & Regional have given notice of intent to apply for a judicial review regards Newlands Park.
“This is an attempt to overturn a democratically elected council planning decision, which has received government backing.
“Lutonians are sick to death of these bully-boy tactics that have continually stuck two fingers in our faces. However, this time, such flagrant and transparent disregard for the wishes of our town will now hit us all in the pocket.
“Luton Council will now be forced to defend a popular and historic decision with our tax money.
“Judicial reviews are expensive and there has been some suggestion that one for Newlands Park development could cost at least £0.5million to defend.
“At very least, if we look at a recent example, Lutonians had to foot a £100,000 bill four years ago when the council lost a similar appeal over a development in Houghton Regis.
“Since then, council budgets have been decimated, with the government slashing the funding grant to the point that it will soon not exist at all. Times are tough.
“So, despite the overwhelming support for Newlands Park at local and national level, a judicial review could now have very grave consequences.
“Such action could take much-needed money away from social care for the most vulnerable children and elderly people, or cash to fix our roads, or funds to keep things like libraries open.
“This level of callous corporate greed is rooted in a desire to line only the pockets of a faceless group of shareholders, and to hell with the people of Luton.
“How dare Capital & Regional continue to treat Lutonians like this.
“Their ridiculous claims that they work in the interests of local communities rang hollow a long time ago and the contempt they have for Lutonians, who want only a better future for our children, is now abundantly clear.
“They are not working for the benefit of our town and our community. They are enemies of the people.
“We Lutonians deserve better and our town deserves the bright new future promised to us.”
The letter from Eversheds Sutherland to the council read: ‘The Claimants consider that the decision-making process resulting in the grant of the Planning Permission by the Council was flawed in that incorrect advice was given to members on certain matters, and the advice to members did not contemplate all matters that they were legally required to consider.
‘In addition, the members took into account an irrelevant consideration in reaching its decision. This has rendered the grant of Planning Permission unlawful.
‘If the defendant does not agree to consent to judgement we will issue an application for judicial review without further notice.
‘There are three issues in particular that C&R believe the decision was ‘legally flawed’, these being: “A serious omission in the assessment of the impact of the Development on affected designated heritage assets.
‘An incorrect approach to the application of the sequential test found in the NPPF (National Planning Policy Framework) and flawed advice to members in relation to the linkage between the application for the Planning Permission and the application for development on the Power Court site.’
The letter added: ‘As Luton Borough Council is aware from the numerous representations made over a long period of time on behalf of our client, various concerns have been raised regarding the Council’s approach to the assessment and determination of the application resulting in the grant of the Planning Permission.
‘It is our view that the Council’s determination of the application was flawed and that the grant of Planning Permission was unlawful.
‘In these circumstances the Planning Permission should be quashed.’
Boycott Mall shopping centre
I was born in Luton in 1956 and remember the individual shops and streets that the Mall flattened! I was so underwhelmed both by the inside and the external look , particularly at the rear and overlooking the beautiful St Mary’s church! Local business in Wellington St and George st suffered badly when the Armadale hit the town so why should we feel for them now that competition is in the offing. This whole redevelopment is an opportunity for Luton not a threat. A town so well situated and with such good connections deserves development. Don’t be intimidated by these bully boys!
The Arndale will become a ghost mall if Newlands is built, it will be full of closed shops, drunks, druggies and down and outs. Also all the parking places will be taken by football fans on a Saturday. Do we really want this?
When Newlands opens the mall will die which really isn’t a good look for the town centre. With the football ground being there as well that alone could cause problems with what shops are there….. Saturday afternoons will also kill the shops!
I will never shop in the Luton Mall again !
dump. for the mall is to good a name. this town needs a face lift badly.
I will never step in that dump they call the Mall ever again!!