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 by Judge Milwyn Jarman QC followed a two-day hearing and 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 a Green Belt location near St Albans.
The Secretary of State’s earlier decision of July 2010 was quashed on the basis of one of four grounds of challenge brought by the developers. 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 scheme should be allowed.
Councillor Teresa Heritage, portfolio holder for planning and conservation at the local planning authority, 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.”
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.
7 July 2011