Council set to challenge Secretary of State’s rail freight interchange planning decision in the High Court

 

St Albans City and District Council has lodged a claim in the High Court.  The claim challenges the Secretary of State’s* decision to grant planning permission for a rail freight terminal at Park Street, near St Albans.

The Council’s claim concerns the legality of the Secretary of State’s decision on 14 July 2014 to allow an appeal brought by Helioslough Limited.  Helioslough Limited’s appeal concerned the Council’s refusal of planning permission for a strategic rail freight interchange on the former Radlett aerodrome site.

The Council is challenging the decision on three points of law.  The first is concerned with the legality of the Secretary of State’s approach in taking his decision.

The second relates to the misapplication of wording in the National Planning Policy Framework, a document that sets out planning policy nationally.

The third ground for challenge relates to procedural irregularity and inconsistency on the rail freight interchange decision. This follows the Secretary of State’s recent refusal of planning permission for a waste incinerator plant, also on Green Belt land, at nearby New Barnfield, in Hatfield.

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