Local authority calls off legal action over rail freight interchange

A local authority has failed to win permission to apply for judicial review in relation to a proposed strategic rail freight interchange (SRFI).

St Albans City and District Council was seeking to challenge a decision by the Communities Secretary on 14 December 2012.

Eric Pickles decided not to re-open the planning inquiry into the proposed Radlett SRFI in Park Street and conjoin it with an inquiry into an alternative site near Slough. 

The council’s application for a judicial review was refused by the High Court in June. An oral hearing before Mr Justice Collins took place at the end of August, but the application was again dismissed.

The judge concluded that the Communities Secretary was entitled to exercise his discretion to reach the decision he did.

After taking legal advice, St Albans has now decided not to seek leave to appeal against Mr Justice Collins’ decision.

A final decision on the appeal by Helioslough Ltd in respect of the proposed SRFI at Park Street, St Albans, is yet to be made by the Secretary of State.

In a letter dated 20 December 2012, the Communities Secretary said he was minded to approve the appeal subject to the provision of a satisfactory section 106 planning obligation binding all those with an interest in the appeal site.  

In a letter dated 15 August 2013, Pickles extended the period for submission of a satisfactory planning obligation until 14 November 2013.

St Albans said it would consider its response to the Secretary of State’s final decision on the SRFI when it is issued.