Leicester’s Hospitals Fail In Legal Challenge Against Council

Written by on 13th February 2023

Leicester’s Hospitals have failed in a legal bid to secure money from a massive new homes development near Lutterworth.

The NHS Trust took Harborough District Council to a Judicial Review, after its request for £1m of developer contributions was rejected.

A High Court judgement today has dismissed the challenge, saying the hospitals had failed to establish there would be a ‘funding gap’ as a result of the building of 2,700 homes.

The Trust argues the development, on land owned by Leicestershire County Council, will place a huge burden on existing hospital services.

Richard Mitchell, chief executive at University Hospitals of Leicester NHS Trust said: “We are disappointed in today’s outcome and will be taking the time to review the judgement contents in detail before considering our next steps as a Trust.”

The area set for the development

A spokesperson for Harborough District Council said: “The Council welcomes the outcome of the Judicial Review which confirms that the Council interpreted the law correctly.

“It is pleased the Court has ordered the Trust should contribute to the Council’s costs of defending the claim and that the judge refused permission for the Trust to appeal his decision.

“The Council hopes that the Trust now accepts the outcome. We wish to thank Leicestershire County Council for its support.

“We will now focus on delivering much needed homes, businesses, schools and infrastructure sustainably at Lutterworth East.”

It is the first time the High Court had considered the approach to so-called ‘Section 106’ contributions in respect of NHS services.

 


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