Newlands Park development needs footpath diversion to proceed - but will anyone object?

A legal process to divert a footpath and make part of the Newlands Park plan in Luton easier to develop is set to proceed – subject to any objections.

Luton Town Football Club’s property arm and original applicant 2020 Developments Luton was granted outline planning permission for a gateway project on 40 acres of land in September 2019.

A deal was struck with an investment fund advised by Morgan Stanley Real Estate Investing and the UK developer Wrenbridge for the site in December 2021.

Footpath 43 is an open route through grassland of about 350m, according to a report to the borough council’s administration and regulation committee.

“The changes of levels within the area to enable construction make it exceedingly difficult to incorporate the footpath in the design, leading to a proposal put forward by the developer to divert it,” said the report.

“A hybrid application was approved by LBC’s development management committee, with full plans north of Newlands Road and in outline south of this road for a new employment project with parking, landscaping and access.

“A request was made to the local authority to agree the legislative process to divert part of footpath 43 to facilitate the Newlands Park development, under section 257 of the Town and Country Planning Act 1990. This includes amending the council’s rights of way definitive map and statement.

“A pre-order consultation was arranged with interested parties including adjacent landowners, National Highways and the Ramblers’ Association. This resulted in no objections to the proposed diversion,” the report explained.

“Section 257 of the 1990 Act permits the making of an order to stop up or divert a footpath to enable an approved development, as long as the scheme isn’t substantially completed. In this case, work began recently.

“A new right of way will be on land in council ownership and of similar length. It’s proposed to divert footpath 43 from just inside the site boundary to marginally outside the boundary, with minimal impact as it follows virtually the same route.

“This unsurfaced path would have the development boundary fence on one side and be bordered by the embankment to New Airport Way on the other.

“A time for objections or representations will be set out within the formal notices. An order isn’t effective until it’s confirmed, which can take a minimum of three months if all objections received have been resolved and it’s therefore unopposed.

“If there are unresolved objections, the diversion order must be submitted to the Secretary of State for Levelling Up, Housing and Communities to decide whether it should be confirmed, with or without modifications, and if a local inquiry is needed. This can delay the decision for at least 12 months,” added the report.

“The current footpath won’t be blocked off until the diverted replacement is completed to the reasonable satisfaction of the council. Any cost of works to divert the footpath will be met by the developer.”

Councillors agreed to authorise LBC legal services to begin the process to divert part of footpath 43, amend the definitive map and statement, and present the council’s position to the Secretary of State, if necessary.