St Albans City and District Council is considering appealing a High Court decision setting aside a refusal of planning permission by the Secretary of State for Communities and Local Government for a rail freight terminal at Park Street, St Albans.
The judgment, given on 1 July 2011 by His Honour Judge Milwyn Jarman QC, means that the Secretary of State will be expected to reconsider his decision refusing permission for the proposed development.
The Council opposed a legal challenge brought by Helioslough Ltd against the Secretary of State’s refusal of the developer’s planning appeal to build a rail freight interchange which was heard in the High Court on 28 and 29 June 2011.
The Secretary of State’s decision of 7 July 2010 was quashed on the basis of one of the four grounds of challenge, namely that the Secretary of State did not properly explain his reasons for disagreeing with the Planning Inspector’s recommendation of March 2010. The other three grounds of challenge were rejected by the Judge.
The Council is taking legal advice regarding today’s judgment.
The Judge has given the Secretary of State, the Council and Goodman Ltd, until Monday 11 July to apply to him for permission to appeal his decision to the Court of Appeal.
Cllr Teresa Heritage, Portfolio Holder for Planning and Conservation at St Albans City and District Council, said: “The Council is disappointed that the Secretary of State for Communities and Local Government’s decision has been set aside and we are taking legal advice on our position.”
Member contact:
Cllr Teresa Heritage, Portfolio Holder for Planning and Conservation at St Albans City and District Council
Tel: 01582 761014
Contact for the press:
Amanda Wilkinson, Communication Officer
St Albans City and District Council
Tel: 01727 819317
E-mail: amanda.wilkinson@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 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. There were two other interested parties, Goodman Ltd, the applicant for a proposed rail freight interchange at Colnbrook near Slough and STRIFE Ltd, who 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.
More background information is available on the Council’s website.