Local authority blames ‘unresponsive’ building safety regulator for delays to 300-home scheme

Luton Borough Council has blamed delays to planning approval for a £136m town centre regeneration scheme on an “unresponsive” Building Safety Regulator (BSR). 

During a finance review committee meeting last week the council’s director of property and infrastructure Roger Kirk told councillors The Stage development, which includes three residential blocks, had failed to get its stage two application approved.

Kirk told the committee: “The regulatory organisation has been unresponsive, despite lobbying at ministerial and senior civil servant level.”

The planning application for The Stage was submitted in July 2024 and had a statutory determination deadline of November last year.

Luton Borough Council said the BSR had requested three deadline extensions, with the latest resulting in a deadline of 11 July 2025. 

The BSR hit back at Luton Borough Council suggesting that the delays were due to “vital” building control processes introduced following the Grenfell Tower tragedy.  This follows widespread concern in the sector over the past few months about delays to approvals at the ‘gateway two’ stage, which sees the BSR approve schemes prior to construction.

A spokesperson for the Health and Safety Executive, the umbrella organisation for BSR, said some of the plans for The Stage “failed to demonstrate that the buildings, if constructed as designed, would meet legal requirements”.

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It said the plans around fire and emergency safety matters were not adequate or clear and there were a number of concerns over structural issues. 

The regeneration plans consist of almost 300 homes, shops and a performance venue called The Stage. The contractor for the regeneration is Willmott Dixon, and the project is receiving £20m of government funding.

Kirk said the delay is costing Luton Borough Council £100,000 a month.

A spokesperson for Luton Borough Council told Housing Today: “We take our responsibilities under the new building safety regime extremely seriously, particularly in relation to fire and structural safety. We are committed to working collaboratively with the BSR to ensure our application for the Stage development fully meets the required standards.

“Luton is experiencing some of the most acute housing pressures in the country, with a severe shortage of homes and rapidly growing demand. The Stage project, which includes plans for three residential towers, forms a key part of our efforts to address this urgent need.” 

The council said it had “consistently provided comprehensive information to support our application, responded promptly to any requests for clarification, and made adjustments where required” and that it “appreciates the pressures faced by the BSR”. 

An HSE spokesperson told Housing Today: “There have been several applications submitted for this project, one of which was rejected as it failed to demonstrate that the buildings, if constructed as designed, would meet legal requirements.

“Although we could have rejected the application outright at an earlier stage, we have instead chosen to work with the applicant in good faith, requesting further information in an effort to improve the overall design.”

“However, it is our view that it fell some way below the required standard.”

They added: “The building control processes introduced following the Grenfell Tower tragedy are a vital safeguard, aimed at raising fire and structural safety standards across the built environment.

“All regulatory decisions on building control applications are made by multi-disciplinary teams. These teams draw on a range of expert resources depending on the complexity and nature of each application and are not solely comprised of Building Safety Regulator staff.”

Housing Today has contacted Willmott Dixon for comment.