Decision on rail freight terminal appeal expected by 5 April
Press release issued 3 February 2012 - selected text
St Albans City and District Council submitted its latest representations in December to the Secretary of State for Communities and Local Government on the appeal by Helioslough Ltd, against the Council’s refusal to grant planning permission to build a strategic rail freight interchange on land in and around the former Radlett aerodrome in Park Street.
The Council has now been informed, in a letter dated 1 February 2012, that the Secretary of State, having considered all the representations before him, has decided that he is in a position to re-determine the appeal. The letter states that a decision will be issued on or before 5 April 2012. The Secretary of State has said that he will not be re-opening the Public Inquiry.
St Albans Council makes further representations to Secretary of State on rail freight terminal planning issue
Press release issued 18 October 2012
St Albans City & District Council has made further representations to the Secretary of State for Communities and Local Government following a High Court appeal by Helioslough Ltd, a company seeking planning permission to build a strategic rail freight interchange on land in and around the former Radlett aerodrome in Park Street.
The Council, in its original planning decision, considered that the rail freight proposal would cause harm to the Green Belt and would be contrary to the Development Plan.
Following an appeal by Helioslough against the Council’s decision, a Public Inquiry was held in November and December 2009. The Secretary of State in a decision dated 7 July 2010 dismissed the appeal. However Helioslough challenged his decision in the High Court. On 1 July 2011 a High Court Judge quashed the decision on the basis of one of four grounds of challenge put forward by Helioslough. St Albans City & District Council was a second defendant in the case. 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.
In July 2011, the High Court referred the matter back to the Secretary of State to re-determine. The Secretary of State invited all parties to the planning appeal, including the Council, to make further representations, which the Council has now submitted.
The Council’s response addresses each of the points made in Secretary of State’s letter of 15 September 2011 inviting further representations. Detailed submissions presenting new aspects which have come to light over the last few months have been prepared by the Council’s planning and rail freight consultants. The Council is not seeking the reopening of the Planning Inquiry.
The Council’s representations to the Secretary of State can be found at: http://www.stalbans.gov.uk/Images/14%20October%20Response_tcm15-20078.pdf. The representations of other interested parties are also being posted on the Council’s website as they become available.
Cllr Teresa Heritage, Portfolio Holder for Planning and Conservation at St Albans City & District Council said: “After the decision by the High Court to quash the Secretary of State’s decision not to grant planning permission, we said that we would be proactive in making our submissions and that is what we have done here. We have provided a full and detailed response to the questions raised by the Secretary of State in his letter dated 15 September. We have made legal submissions regarding the conditions and a Section 106 Undertaking put forward by Helioslough. We have also identified a number of changes in the circumstances which have occurred since the close of the Public Inquiry in relation to rail freight and policy issues. The reports submitted by our experts indicate that an alternative rail freight site at Colnbrook near Slough should be preferred over the Park Street site.”
Member contact: Cllr Teresa Heritage, Portfolio Holder for Planning and Conservation, St Albans City and District Council, Tel: 01582 761014
Contact for the press: Claire Wainwright, Principal Communications and Marketing Officer, St Albans City and District Council, 01727 819572, claire.wainwright@stalbans.gov.uk.
www.stalbans.gov.uk
Note added 15th November 2011
The Council received a further letter on behalf of the Secretary of State dated 19 October 2011 attaching copies of the representations received from other parties. The Council was invited to comment on these representations, and we submitted our comments on 11 November 2011.
Background Information
Representation by an Interested Party
Rule 19 of the Town and Country Plannng Inquiries procedure rules requires the Secretary of State to send to persons entitled to appear at the inquiry, and who did so, a written statement of the matters on which further representations are invited for the purposes of his further consideration of the application. The Council submitted its representations to the Secretary of State on 14 October 2011.
The Council received a further letter on behalf of the Secretary of State dated 19 October 2011 attaching copies of the representations received from other parties. The Council submitted its comments on these representations on 10 November 2011.
A copy of the Secretary of State's letter and representations are as set out below:
Appeal Representations from the Department of Communities and Local Government
Kathryn Pettit - Hertfordshire County Council
Howard Wayne - Wayne Leighton Solicitors
Wayne Leighton Solicitors - Witness Statement
Tim Welburn - Department of Transport
Sandy Walkington and David Parry Representation
Mr LaRiviere Representation
Erica Mortimer - CgMs ConsultingSimon Flisher - Barton Willmore
The Council received a letter from Mr Howsham of Department for Communities and Local Government dated 29 November 2011.
Annex A to Mr Howsham's letter contains representations from the following interested parties:
St Albans City and District Council
Erica Mortimer, CgMs
Howard Wayne, Wayne Leighton Solicitors
Tim Wellburn, Dept for Transport
Simon Flisher, Barton WillmorePaul Stimpson, Slough Borough Council
Anne Main MP
James Clappison MP
The Council submitted further representations on 22 December 2011. The Council has also been invited to comment on the implications for the Appeal of the Department of Transport Ministerial Statement, policy guidance note on Strategic Railfrieght Interchanges and Logistics Growth Review Document issued on 29 November.
The Council has received a letter from Christine Symes of DCLG with the representations received to the Secretary of State’s letter dated 29 November 2011:
P Trevelyan, Civic Society
Wayne Leighton Solicitors
CGMS Consulting
Heliouslough Statement
Barton Willmore
Slough Borough Council
The Secretary of State having considered all the representations before him has decided that he is in a position to re-determine the Appeal. A decision will be issued on or before 5 April 2012.
Earlier Background Information
Rail Freight Appeal Decision
The Secretary of State has considered the Planning Inspector’s report on the planning appeal lodged by Helioslough, against St Albans City and District Council’s refusal to allow planning permission for a Rail Freight Terminal in July 2009. The decision announced 8 July 2010 is to refuse the appeal.
Final Decision Letter - Rail Freight Interchange
Inspector's Report 19 March 2009 - Rail Freight Interchange
Costs Letter - Rail Freight Interchange
Costs Report - Rail Freight Interchange
Opening Statements - 24 November 2009
Opening Statements on behalf of the Local Planning Authority (the Council), Helioslough (the appellant) and STRiFE can be viewed below. These statements will have been added to verbally at the Inquiry and can be viewed on the webcast here.
Opening Statement on behalf of the Local Planning Authority
Opening Statement on behalf of Helioslough
Opening Statement on behalf of STRiFE
General information on the Inquiry
The Inquiry commenced on 24 November 2009, and is scheduled for 16 days.
Once the Inquiry has taken place, the Planning Inspector will send a report to the Secretary of State who will make the final decision.
Written evidence and rebuttals
Written evidence and rebuttals on behalf of St Albans City and District Council, Helioslough, STRiFE and the Highways Agency can be viewed under separate headings below.
Written evidence on behalf of STRiFE
Statement of Case
Passenger Train Operations, Jim Morgan, First Capital Connect
Rail, Douglas Hirst
Green Belt, Adrian Wallace
Noise, J S Consulting
Bill Pryce, St Stephen Parish Council
Ann Morton, Bricket Wood Residents Association
Malcolm Mark, Napsbury Park Residents Association
Patricia Pryce, Park Street and District Residents Association
Alan Wilkinson, Napsbury Lane Residents Association
Written evidence on behalf of the Highways Agency
Statement of Case
Rail Freight Planning Application
The second planning application for the development of a Strategic Rail Freight Interchange (SRFI), submitted to the Council by Helioslough Ltd, was considered by the Planning Referrals Committee, at the Alban Arena in St Albans on Monday 20th July 2009 at 7pm.
At the meeting the Committee refused the application for the fourteen reasons stated in the Minutes of the Planning Referrals Committee Meeting 20 July 2009.
To view the webcast of this meeting, please click on the link below.
Webcast of meeting on 20 July 2009
The application can be also viewed by clicking on the links below:
Rail Freight Planning Application
Rail Freight Environmental Statement
Rail Freight Briefings
In the light of local interest the Chief Executive arranged two briefings which took place on 12 December 2008 to provide information on the processes to be followed in the event of a potential further planning application from Helioslough and role of the Council as Local Planning Authority. The first briefing was attended by Councillors and the second by both Councillors and members of the public that had responded and given evidence at the Public Inquiry regarding the previous Railfreight application by Helioslough.
Click on the links below to access the notes of the two briefings:
Notes of Rail Freight Briefing to Members
Notes of Rail Freight Briefing to Members and other interested parties
Strategic Rail Freight Interchange - Appeal Decision
Hazel Blears, the Secretary of State for Communities and Local Government, has dismissed the appeal by Helioslough Limited against St Albans City and District Council's refusal of planning permission for a rail freight terminal on land in and around the former aerodrome in Park Street.
The decision comes after a planning inquiry lasting from 6 November to 20 December 2007 during which the Council, together with Hertsmere Borough Council and Hertfordshire County Council opposed Helioslough's plans for a rail freight interchange involving buildings of up to 330,000sqm together with parking for up to 1665 cars and 617 lorries.
Following the Public Inquiry, the Planning Inspector, Mr Andrew Phillipson prepared a report to the Secretary of State recommending dismissal of the scheme and the Secretary of State has accepted his recommendation.
The Secretary of State's decision letter, together with the Inspector's report is available below.
Secretary of State's Decision Letter
Planning Inspectorate's Report
Press Releases
(in descending date order)
3 February 2012: Decision on rail freight terminal appeal expected by 5 April
18 October 2011: St Albans Council makes further representations to Secretary of State on rail freight terminal planning issue
12 July 2011: Decision made not to seek leave to appeal rail freight interchange ruling
4 July 2011: Council plans to appeal High Court decision on rail freight terminal proposal
1 July 2011: St Albans City and District Council to consider appealing High Court decision on rail freight terminal proposal
31 Jan 2011: Date fixed for Helioslough Ltd’s legal challenge
08 Jul 2010: The Secretary of State overturns Helioslough’s planning appeal
16 Nov 2009: Evidence relating to the highways network will not be lodged as an objection to the Rail Freight depot
30 Oct 2009: Arrangements for the Rail Freight planning inquiry
16 Oct 2009: Outcome of the Rail Freight Planning Referrals meeting 14th October
13 Oct 2009: Approach to Rail freight defence to be decided.
24 Aug 2009: Council prepares for Rail Freight appeal
21 July 2009: Decision on the second planning application for a Rail Freight Interchange
15 July 2009: Rail Freight Planning Referrals Committee meeting 20th July 2009
18 May 2009: Application for rail freight depot to be assessed
14 Nov 2008: Rail Freight plans to be resubmitted
17 Dec 2007: webcast - end of the Rail Freight Planning Inquiry
12 Dec 2007: The Rail Freight Planning Inquiry comes to a close
12 Nov 2007: Rail Freight Planning Inquiry relocates for w/c 19 Nov
22 Oct 2007: Additional seats for Rail Freight Planning Inquiry
02 Oct 2007: Arrangements for the Rail Freight Planning Inquiry
19 Sep 2007: Rail Freight Planning Inquiry to start 6th November
06 Sep 2007: Decision on date for Rail Freight Planning Inquiry
12 Jul 2007: Rail Freight Planning Inquiry update
04 Jun 2007: Rail Freight Planning Appeal
20 Feb 2007: Decision on the Rail Freight Planning application
22 Dec 2006: Rail Freight Planning application update
08 Nov 2006: webcast of Rail Freight meeting
02 Nov 2006: Rail Freight Planning committee decision
23 Oct 2006: Rail Freight Planning Referrals Committee meeting
13 Oct 2006: Rail Freight Planning Referrals Committee 1st November
Frequently Asked Questions
Frequently asked questions are listed below with answers:-
What does the planning application involve?
This is an outline planning application (approval of means of access, siting and landscaping only) for the development of a Strategic Rail Freight interchange, comprising intermodel area, distribution buildings (Class B8 use) and other related floorspace (Class B1/B2 use) up to 331,655 square metres with a maximum height of 20 metres together with associated roads, rail and other infrastructure works including parking for up to 1602 cars and 617 lorries with earth mounding, tree planting and a new Park Street/Frogmore relief road. It includes additional landscape and other works on further sites to provide public access to open land and community forest. The overall proposals involve some 419 hectares.
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Will a final decision be made on the night to approve or refuse the application?
Should the Planning Referrals Committee decide on 20th July to refuse the application it will be a final decision by the council. Helioslough can appeal a refusal to the Secretary of State. If the Committee is minded to grant the application it will not be able to make a final decision because of the Highway Agency’s Holding Direction.
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Is the land concerned included in the application Green Belt land?
The whole of the site is located within the metropolitan Green Belt. The bulk of the land is greenfield. Greenfield is a description applied to any previously undeveloped land or land which has reverted to its natural state.
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Date of last review: 12 July 2011