Dismay for Luton Borough Council as High Court rejects Judicial Review over M1-A6 road link

Luton Borough Council has been refused a Judicial Review against Central Bedfordshire Council's plans for the M1-A6 link within the Green Belt.

The project would connect junction 11a of the motorway to the A6 Barton Road to the north of the town.

Legal proceedings were agreed by Luton's executive committee at a meeting held in private in February.

But its attempt to sideline the route have been rejected, subject to an appeal.

The council has only this week to decide whether to take matters further and lodge that submission, adding to its legal fees. The executive committee are expected to discuss the issue tomorrow (Tuesday).

The High Court verdict coincides with the local authority admitting it faces an emergency summer budget over a £50m black hole in its finances.

With passenger numbers decimated, the council’s airport company London Luton Airport Limited (LLAL) is no longer receiving air traveller income.

Councillors will be forced to agree to "extremely difficult cuts" to key services unless a desperate plea to the government for £50m emergency revenue funding is successful.

The new two-and-three-quarter mile single and dual carriageway road was approved by Central Bedfordshire councillors in September.

The Secretary of State for Housing, Communities and Local Government Robert Jenrick declined to call in the application, and it was ratified by CBC on January 10th.

The 170-acre site is mostly arable farmland within the Green Belt and contains two areas of ancient woodland, Sundon Wood and George Wood.

CPRE Bedfordshire, the Chilterns Conservation Board, Natural England and the Woodland Trust objected to the development, while the Wildlife Trust and the Crown Estate expressed concerns.

Streatley Parish Council supported the application with some issues, but Sundon, Chalton, Harlington and Barton-le-Clay parish councils all opposed it.

The borough council considers the development is premature and has consistently called for it to be determined after the CBC Local Plan examination is completed.

It questioned whether the “very special circumstances” exist to build the road in the Green Belt.

LBC initially threatened to seek a judicial review in two letters sent to CBC, and previously warned that “traffic movements will be drawn through the north Luton urban area”.

The nearest residential areas of Luton to the proposed route are Sundon Park, Marsh Farm and Bramingham.

The borough council anticipates a loss of income for its airport company of around £45m in 2020/21.

The forecast reduction in business rates, council tax, rents, fees and charges adds a further £4m to the shortfall, leaving it in the region of £50m.

CBC has argued land north of Luton “adjoins the urban area and provides the most sustainable location for delivering homes to contribute towards the town’s unmet housing needs".

It said: “Sundon rail freight interchange (RFI) is wholly dependent upon the link road to secure access to the site and ensure its connectivity to M1 junction 11A."

Failing to provide the road would mean "the RFI couldn't be delivered, resulting in a significant economic impact as 2,000 jobs wouldn't be created", added CBC.

LBC lost a previous case against CBC at the Court of Appeal (civil division) in 2015 over the development of 647 acres of Green Belt to the north of Luton, Dunstable and Houghton Regis.