The Secretary of State for Communities and Local Government has decided that he will not seek leave to appeal against a High Court judgment that he should reconsider his refusal of planning permission for a Rail Freight terminal at Park Street, St Albans. The Secretary of State will therefore reconsider the matter.
St Albans City and District Council, a second defendant in the case, has also taken the decision not to seek leave to appeal. The decision of the Secretary of State, as first defendant in this case, is something the Council has taken into account.
Cllr Teresa Heritage, Portfolio Holder for Planning and Conservation at St Albans City and District Council, said: “This does not mean that a decision has been taken to allow a Rail Freight Terminal to be built in the Green Belt. This is simply one step in what is a long process. The Council’s initial view was that we should apply to the Judge for permission to appeal but on the basis of further legal advice, an assessment of the risks involved, and after consulting with the Leaders of the other political parties, we have decided that the best way to protect the Council’s original decision is not to appeal. We will be providing strong representations to the Secretary of State before he comes to his decision on this matter.”
The Council considered that the Rail Freight proposal would cause harm to the Green Belt and would be contrary to the Development Plan. This decision was upheld by the Secretary of State in July 2010, following a public inquiry, when he dismissed an appeal by the applicant, Helioslough Ltd.
The Secretary of State’s decision of 7 July 2010 was quashed in the High Court on the basis of one of four grounds of challenge put forward by Helioslough. The judge found that the Secretary of State did not properly explain his reasons for disagreeing with the Planning Inspector’s recommendation of March 2010 that the proposed development be allowed. The other three grounds of challenge put forward at the hearing by Helislough Ltd were rejected by the Judge.
The next stage is for the matter to be referred back to the Secretary of State who will re-determine the matter. It is expected that the Secretary of State will invite all parties to the planning appeal, including the Council, to make further representations. The Council will continue to be proactive in putting forward its submissions.
Member contact:
Cllr Teresa Heritage, Portfolio Holder for Planning and Conservation at St Albans City and District Council
Tel: 01582 761014; Mobile: 07866 458977
Contact for the press:
Claire Wainwright, Principal Communications and Marketing Officer
St Albans City and District Council
Tel: 01727 819572
E-mail: claire.wainwright@stalbans.gov.uk
www.stalbans.gov.uk
Notes:
On 7 July 2010 the Secretary of State for Communities and Local Government refused a planning appeal by Helioslough Ltd for permission to develop a Rail Freight interchange at Park Street.
The planning appeal was against a decision by St Albans City and District Council in July 2009 refusing Helioslough Ltd planning permission. A public inquiry was held in November and December 2009 in front of a Planning Inspector.
The Planning Inspector in his report dated 19 March 2010 recommended the grant of planning permission. However, the Secretary of State disagreed with the Inspector’s recommendation and refused permission in July 2010.
Helioslough Ltd lodged an application to set aside the Secretary of State’s decision which was heard by His Honour Judge Milwyn Jarman, sitting in the High Court on 28-29 June 2011.
St Albans City and District Council joined the Secretary of State in opposing the legal challenge. Two other interested parties, Goodman Ltd, the applicant for a proposed Rail Freight interchange at Colnbrook near Slough and STRIFE Ltd, also made representations at court.
His Honour Judge Milwyn Jarman QC gave his judgment on Friday, 1 July 2011 quashing the Secretary of State’s decision dated 7 July 2010.
The Secretary of State has decided that he will not be seeking leave to appeal.
The next step will be for the Secretary of State to re-determine his decision.
More background information is available on the Council’s website.