Council threatens Pickles with JR over interim decision on rail freight terminal

A local authority has warned the Communities Secretary of possible judicial review proceedings over what it claims was a “flawed” interim decision on a rail freight terminal.

In a letter sent on 14 December Eric Pickles said he had decided not to re-open the inquiry into the Radlett strategic rail freight terminal and conjoin it with an inquiry into an alternative site at Colnbrook in Slough.

The Communities Secretary said in a subsequent letter on 20 December that he was “minded to approve” planning permission for the proposed interchange, subject to a number of conditions being met.

St Albans City & District Council has called on Pickles to reconsider his decision not to re-open the Radlett inquiry and conjoin it with that relating to Colnbook.

The authority also gave notice of judicial review action if the minister did not accede to its request.

St Albans claimed that the Secretary of State’s view that he saw “little reason to conclude that Colnbrook would meet the needs for an SFRI in a less harmful way” than that at Radlett, was contrary to his earlier positions in 2010 and 2012.

It added that the interim decision failed to take into account the lack of any proper and adequate comparative assessment of the relative merits of the two sites.

St Albans also suggested that the Secretary of State’s assessment of the position regarding Colnbrook was “entirely inconsistent” with his reasoning in the original decision of July 2010 to refuse permission, and his subsequent conduct. 

The authority argued as well that the change of position stood “wholly unexplained”, adding that the interim decision was reached either on an irrational basis or by taking into account immaterial considerations.

The letter before claim can be viewed here.