IN FULL: New Aldi supermarket 'a threat to Power Court' claims 2020 Developments as row breaks out over legal challenges

Property firm Hampton Brook is responsible for delivering an Aldi supermarket in Gipsy Lane. The proposal was narrowly approved by Luton Borough Council's development control committee (see here) earlier this year, after a lengthy planning process.

The scheme has consistently been opposed by 2020 Developments - the property development arm of Luton Town Football Club - who claim the Aldi store threatens its requirement for a supermarket within the Power Court development.

2020's application for a Judicial Review has twice been rejected by the High Court, and 2020 has now applied to Court of Appeal, as the company insists its legal arguments have not received a full hearing from a senior judge.

The Court of Appeal is due to consider this latest application during the next few weeks.

In the meantime, Hampton Brook has complained that the approved scheme for Aldi is being "thwarted" by 2020 Developments.

Ian Jackson, director of Hampton Brook, said: “We are exasperated by 2020’s actions and their continued attempts to block the delivery of this local Aldi for the people of south Luton.

"At every planning meeting, they have tried to delay and frustrate determination of the application by the council - resulting in the application taking two years from submission to approval.

“This approach by 2020 continues and they now seem intent on wasting more public money in seeking to have the council’s and indeed the High Court’s approval quashed.

“It would appear they won’t take no for an answer and have now taken the case to the Court of Appeal."

In response, a 2020 Developments spokesman said: "We feel the need to defend our position in this way because we have spent a huge amount of money and time to deliver Power Court and we are absolutely committed to doing so.

"Our recently acquired planning permission includes a supermarket and to be policy compliant with Luton Borough Council, we clearly need a supermarket operator. We cannot secure one at present because of the threat from a new one at Gipsy Lane.

"This then could have a knock-on effect on our ability to deliver residential on the site as well.

"The Aldi proposal does not have clear support from residents and councillors as claimed by Hampton Brook. An Aldi customer survey of 100 or so does not compare to the 12,000 residents that supported the Power Court planning application. In terms of councillors, the only time the Aldi application went to the full council it was rejected by a large majority of councillors. It is also totally against the Luton Local Plan adopted in 2018 by the whole Council."

Hampton Brook states the new Aldi store will create over 45 new permanent jobs, with temporary local jobs during the construction process, and help "safeguard" the future of leisure operator Venue 360.

Mr Jackson added: “Not only are 2020 trying to stop the creation of new jobs and this much needed Aldi store, they are also costing Luton Borough Council significant legal costs in defending its decision at a time of budget and jobs cuts at the council.

"This is not about a small Aldi store being at either Gypsy Lane or Power Court. Aldi has confirmed they already have multiple stores in other towns that trade successfully.

"A small Aldi store at Venue 360 is not going to make a blind bit of difference to the delivery of the stadium.”

But 2020 Developments argues there were "several key errors" presented to the council's development control committee when it approved the Aldi supermarket, including the claim it could take up to seven years to develop Power Court.

2020's spokesman said: "In the coming weeks, we will be announcing our plans for Power Court and a start on-site in 2021.

"Councillors were also told that no discount supermarket operator could trade from the old M&S unit in The Mall. This has clearly been proven to be incorrect by Lidl now operating at that store.

"At the fifth time of asking, the vote for the Aldi supermarket went through by five votes to four. However, several of the councillors voting for it made clear they believed Aldi and the developer when they said they could trade two stores [at Gypsy Lane and Power Court].

"We said this was totally unrealistic as Aldi’s own website says they don’t trade a second unit within 1.5km of a first one. The distance between our two sites is less than 1km. Despite our agents offering them a Power Court store five or six times, Aldi have not responded in any way."

Two borough councillors have sided with Hampton Brook to criticise the football club's position.

Cllr Javeria Hussain, representing Luton South ward, stated: “I’m disappointed with 2020 Development’s strategy. The club should be supporting the communities of a deprived ward who’ve always been proud of their club.

"I don’t understand why the club continues to waste the Borough Council’s resources and deny affordable food to the vulnerable residents of South ward, especially as 40% of the children live in poverty."

Fellow south ward councillor, Cllr Paul Castleman said: “I can’t believe this madness is happening. We should be serving the needs of the local community and not be bullied by 2020 Developments. I have taken this matter up with Luton Borough Council directly.”

But 2020 Developments insists that it is not penalising the council for legal costs.

Their spokesman added: "We have been entirely clear from the very outset that we will not seek any costs from Luton Borough Council in this regard. We took the unprecedented step of making that clear in our first letter to the courts.

"The club has proudly served the town of Luton for 135 years, especially over the last 12 years since 2020 took custodianship, and our best intentions will always be for the good of the town and, most importantly, to ensure that a new football stadium is actually delivered as promised."