Council refused permission to apply for Judicial Review on rail freight planning inquiry issue

A High Court judge has refused St Albans City and District Council permission to apply for Judicial Review in the proposed Radlett (Park Street) Strategic Rail Freight Interchange (SRFI) matter.  The Judge considered the application on the documentation submitted by the Council, the defendant, and interested parties.

In February 2013, the Council had sought a Judicial Review of a decision by the Secretary of State for Communities and Local Government.

The challenge related to the Secretary of State’s decision not to re-open the planning inquiry into the proposed Radlett SRFI and conjoin it with an inquiry into an alternative site near Slough.

The High Court order, issued on 14 June 2013, detailing reasons for refusal of permission, is available on the Council’s website (click here). The Council will need to pay costs of £2,000 to the Secretary of State.

The Council can apply for reconsideration of its application at an oral hearing before a High Court Judge.  The Council will consult its legal advisors on the matter before deciding on a course of action.

A final decision on whether the development will go ahead has yet to be taken.  In a letter of 20 December 2012 the Secretary of State said that he was “minded to approve” planning permission subject to various conditions.  Helioslough, the company behind the scheme, is currently applying for Judicial Review against the Secretary of State.  The company is seeking an immediate final decision on the appeal.

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