Deferral for extension to Luton's Inspire Sports Village as councillors seek more information

Luton Borough Council was granted planning permission for the site in 2010 with conditions attached - which councillors say have not been met.

Now, the local authority is proposing a two-storey extension by the entrance for office space, meeting rooms and extra fitness studios, and a single-storey extension for library facilities.

The site is located in the Green Belt, the council's development management committee heard.

Liberal Democrat Barnfield councillor David Franks said: "I wonder what confidence we can have that the applicant will comply with the conditions suggested in the report.

"It still hasn't complied with the condition on the original consent, 11 years ago, to restore the old regional sports centre buildings to open playing fields."

Principal planning officer Greham Dore told the committee: "Councillor Franks is right about the conditions, which weren't enforced last time.

"We're working through those systematically identifying where they haven't been done before," he explained.

Councillor Franks asked: "Does that mean if it doesn't comply with that condition that the council will issue an enforcement notice against itself?"

Mr Dore replied: "We could explore that option, which isn't previously something we were aware we can do.

"The former sports centre is on the other side of the park, so it affects a different application site."

Planning solicitor Steven Sparshott said: "Can we formally issue a breach of condition notice against ourselves as the owner? ... the answer is 'no'.

"But where breach of condition is concerned that can be served if anyone else is in control of the land."

Councillor Franks said: "The whole position is completely ridiculous. The council grants itself planning consent with conditions and decides for 11 years to ignore them.

"This isn't a unique situation. I could name others where had the applicant been anyone other than the council action would have been taken.

"But because the council grants itself planning consent with conditions, and ignores them, it gets away with it. It's outrageous."

Mr Sparshott said: "I can't comment on whether the council isn't complying with these conditions because it knows it can.

"No legal advice has ever been given to that effect. You would hope the council as the applicant would comply with them as a responsible authority."

Head of planning Sunny Sahadevan said: "On the issue of non-compliance with conditions, there are separate internal processes by which that can be addressed.

"It's not through this application we should be trying to seek to resolve different council departments not complying with their planning condition."

Labour Farley councillor Mahmood Hussain said: "I support deferring it only to get the applicant to respond to the concerns why it's taken 11 years.

"Otherwise this committee looks like a laughing stock. We're telling everyone else to do whatever the conditions say.

"And if they're in breach of it they end up going to court and paying alot of money."

Labour Northwell councillor Anne Donelon said: "We must be setting a good example. The council must comply with its conditions. We expect other developers to do so."

Labour Farley councillor Dave Taylor, who chairs the committee, said: "I remember, at the time, it said the regional sports centre would be demolished and revert to public open space. I believe it's been demolished.

"We should ask the applicant why it hasn't complied with the condition, not necessarily defer this to seek legal advice."