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Threat of judicial review over permission for mixed-use scheme facilitating 23,000-seat football stadium recedes as appeal deadline passes

The deadline has reportedly passed for property investment company Capital & Regional to appeal the High Court's decision to dismiss its application for a judicial review challenge over the grant of planning permission for a mixed-use gateway scheme that would help delivery of a new 23,000-seater stadium for Luton Town Football Club.

The development control committee at Luton Borough Council resolved on 11 March 2019 to grant planning permission for the Newlands Park planning application.

The council issued the final decision following the signing of the S106 legal agreement on 24 September 2019.

Lawyers representing Capital & Regional – owner of a shopping centre in Luton affected by the plans – then notified the council of its intention to launch a legal challenge into the decision.

However, the claimant failed to persuade the court to grant permission for the judicial review.

A spokesperson for Luton Council said: "The High Court dismissed C&R’s judicial review of the Newlands Park planning permission on 19 December 2019 and the High Court has confirmed that an appeal against that decision has not been made within the deadline.

"We have always maintained absolute confidence in the decision making process undertaken to reach this planning decision and are pleased to confirm the planning permission is free from legal challenge.

"We will now be taking action to pursue the legal costs incurred through defending our position."

Capital and Regional has been approached for comment.

In a statement Luton Town Football Club said: “Along with our colleagues at the council, we always believed that their decision last March to grant permission for the mixed-use development at Junction 10 was fair and not open to challenge. The judge agreed on December 19th and finally C&R have given up on contesting the decision further.

“This means we are finally able to move forward in refreshing the four-year-old plans to enable us build a new stadium for the football club, and play our part in helping to regenerate our town with two developments that will bring thousands of jobs and millions of pounds of investment.”

The club said it would also be taking action to pursue the legal costs incurred.