I think it is going to court because a judge considered it should be aired. That's fair. The nature of SISU's JR is a four-fold case, with this being one of the issues, not the only issue. It may not have any merit, but perhaps the judge considered that given the complexity of the inter-related issues, it should best be scrutinised openly?
With regards the 'prudential borrowing scheme'; Okay - what I meant was that CCC see this site as part of their strategic regeneration, and are partly using this scheme to fund it. By definition: 'The prudential borrowing regime was introduced in April by the Local Government Act 2003, and allows local authorities to borrow without explicit government limits, as long as they are capable of paying the money back'.
It's been used for all sorts of schemes, from building houses to commercial sites since. How can this need EU sanction?