St Albans City and District Council is to seek leave to appeal against a High Court judgment that requires the Secretary of State for Communities and Local Government to reconsider his refusal of planning permission for a rail freight terminal at Park Street, St Albans.
The judgment was given on 1 July 2011 by His Honour Judge Milwyn Jarman QC following a two-day hearing in the High Court on 28 and 29 June 2011.
The hearing involved 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 at Park Street.
The Secretary of State’s decision of 7 July 2010 was quashed by His Honour Judge Milwyn Jarman on the basis of one of four grounds of challenge put forward by Helislough Ltd. 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 put forward at the hearing by Helislough Ltd were rejected by the Judge.
The Judge has given the Secretary of State, the Council and Goodman Ltd, until Monday 11 July to make a written application for permission to appeal his decision to the Court of Appeal.
The Council intends to submit an application for permission to appeal within this deadline.
Cllr Teresa Heritage, Portfolio Holder for Planning and Conservation at St Albans City and District Council, said: “The Council was disappointed with the judgment. We have decided to apply to the judge for permission to appeal to the Court of Appeal.”
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 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.
More background information is available on the Council’s website.