High Court denies C&R legal challenge over Luton Town’s Newlands Park plan

An artist's impression of Newlands Park
An artist's impression of Newlands Park

Luton is a step closer to the major regeneration of the town centre and a new football stadium for the Hatters after a High Court judge threw out a judicial review application from the owners of The Mall shopping centre. 

Capital & Regional have been the major objectors to the mixed-use Newlands Park scheme at junction 10 of the M1 motorway, which will help fund a second scheme at Power Court, where there is planning permission for a new 17,500-seater home for Luton Town FC, 1,800-capacity music venue, restaurants, bars and leisure facilities. 

Like that site, Newlands Park was granted planning consent by Luton Council in the early part of this year, but Capital & Regional applied for the legal challenge, claiming that the decision was ‘unlawful’ and should be quashed. 

This was despite the Secretary of State effectively giving his seal of approval by not calling in either development, which stand to revitalise the town centre, create 10,000 new jobs and inject £250million per year into the local economy. 

But this morning, Luton Council confirmed that a judge will not allow Capital & Regional’s application to progress to a full hearing. It means that the retail have only the option of an appeal as their final option to thwart the regeneration of the town centre. They have seven days to do so, after which 2020 Developments, the property arm of Luton Town FC, will be able to press ahead with making the two scheme a reality. 

A statement on the Luton Council Facebook page said: “We are pleased to confirm that the claim made for Judicial Review by Capital and Regional over the Newlands Park decision was refused by the High Court on 19 December 2019.

“We welcome this news, having made it clear from the outset that we would vigorously defend the planning decision.

“We remain entirely confident that the decision making process contained no legal flaws.

“We’ve been advised that the claimant may now request the decision to be reconsidered at a hearing of the High Court, provided they serve the relevant forms within seven days of receiving the decision.

“Consequently, it is anticipated that the council will know if a hearing has been requested by the new year.”

Luton Town responded, posting on their social media: “Thank you @lutoncouncil for the best wishes and for sharing the development that the challenge has failed, subject to appeal.

“What fantastic news for our town & the best way to kick-off Christmas!

“Let’s celebrate with an electric atmosphere at the Kenny this afternoon #COYH.”