2020 Developments loses High Court battle to stop new Aldi store in south Luton

The development wing of Luton Town Football Club has consistently opposed the upcoming store in Gipsy Lane, which was given planning permission in February this year.

On Monday, November 16, the Court of Appeal announced that 2020 Developments' appeal against the High Court's rejection of a Judicial Review had also been refused.

The court order, made by Lord Justice Stuart-Smith, stated that the original judge was correct in his ruling.

Ian Jackson, director of Hampton Brook - which will deliver the new store on behalf of Aldi, said: “Having been exasperated by 2020’s actions over the past two years and their continued attempts to block the delivery of this local Aldi for the people of Gipsy Lane, we are delighted by this ruling.”

Hampton Brook can now move forward with its plans for the construction of the new Aldi store.

Cllr Javeria Hussain, who represent Luton South ward, added: “The local economy has been hit hard by Covid-19 and with rising unemployment, many South ward residents are finding it difficult to put food on their table.

“This store creates over 45 jobs for local people and safeguards the facilities and jobs at V360, just when we are in very difficult economic times and many local people are losing jobs.”

Elsewhere, 2020 Developments has expressed its disappointment with the court ruling, while Luton Borough Council has vowed to recover its costs defending the legal challenge.

Michael Moran, chief operating officer at 2020 Developments, said: “The result is a real shame for Luton and very unfortunate that courts, in this environment, aren’t listening to sound challenges. We genuinely believed there were two clear grounds which are just as valid now as they were at the outset.

"Permission has apparently been granted on the basis that it wouldn’t affect Power Court and based upon the notion that it would be six years before Power Court came forward.

"On the first point, not only did we have a premium tenant ready to commit to Power Court, Aldi and their developer looked Luton’s councillors in the eye during the planning committee meeting and said the two sites are not in competition and that they would be willing to trade both. This, of course, is fundamentally incorrect as the interest on our site will expire as it is no longer viable and Aldi have rejected out of hand countless approaches from our agents. No other operator is going to trade from Power Court just 0.8km from this new Aldi.

"On the second point, we said all along that not only do we already have our consent in hand, development at Power Court is imminent (see new story here).

"That said, we don’t get knocked down easily. We will not let this defeat our long-term plans as we will always find a way through such adversity, as we have many times before. We have been truthful throughout and were clear from the outset that we would never seek legal costs from the council as would be within our right. Meanwhile, as our argument has always been with the developer, we wish Venue 360 all the best and will continue the good relationship we have always had with them."

A Luton Borough Council spokesman added: "On February 26, 2020, the council’s development control committee resolved to grant planning permission for a new retail food store (Aldi) at the Former Bowling Green site, Venue 360 off of Gipsy Lane.

"Following the decision being issued, 2020 Developments submitted a legal challenge to the High Court which was rejected. 2020 Developments then issued a review of that decision which was also rejected. The High Court held on both occasions that the council’s decision did not contain any legal flaws.

"Following this, 2020 Developments lodged a review of the High Court’s decision with the Court of Appeal. We have been notified that this appeal was also unsuccessful. The court ordered the company to pay the council's legal costs of £3,809."