Judge refuses council permission to apply for JR in rail interchange row

St Albans City and District Council is mulling its options after the High Court refused it permission to apply for a judicial review relating to plans for a strategic rail freight interchange (SRFI).

The local authority is seeking to challenge a decision by the Secretary of State for Communities and Local Government on 14 December 2012 not to re-open the planning inquiry into the proposed Radlett SRFI and conjoin it with an inquiry into an alternative site near Slough. 

Frances Patterson QC, sitting as a Deputy High Court Judge, described St Albans’ claim as “misconceived”.

She said the council had not identified any omission of a material consideration or absence of evidence or error of law on the part of the Secretary of State to demonstrate that the discretion exercised by him in his decision of 14 December was in any way legally flawed.

“The claim is any event premature given that there is no final decision on the Radlett application,” the judge added.

The council is considering whether to apply for reconsideration of its application at an oral hearing.

In a statement St Albans said: “The council will consult its legal advisers on the matter before deciding on a course of action.”

The council has been ordered to pay £2,000 in costs to the Secretary of State.

A final decision on whether the development should go ahead has not yet been taken. In December 2012 Eric Pickles said he was “minded to approve” planning permission subject to various conditions.

However, the company behind the scheme, Helioslough, has itself applied for judicial review against the Secretary of State as it seeks an immediate final decision on the appeal.