St Albans City and District Council have lodged a claim in the High Court to challenge the Secretary of State for Communities and Local Government's decision to grant planning permission for the Strategic Rail Freight Interchange (SRFI) following an appeal by Helioslough Limited to build on the green belt site of the former Radlett Airfield in Hertfordshire. Permission was granted by Eric Pickles on 14th July 2014. In a decision letter, Mr Pickles described the proposal as "inappropriate" and acknowledged that the development would result in harm and "significant encroachment in to the countryside". However, he also acknowledged the lack of appropriate alternative sites for such a development as well as the need for a rai freight interchange to serve London and the South East.
The challenge from the Council rests on three points of law. The first is concerned with the legality of the secretary of state's approach in making his decision to allow Helioslough's appeal. The second relates to the misapplication of wording in the National Planning Policy Framework. The third ground relates to procedural irregularity and inconsistency on the rail freight interchange decision.
The appeal, which was original heard at a public inquiry between 24th November and 18th December 2009 was recovered for the Secretary of State's determination who issued his decision in July 2010. However, this was quashed by the High Court in July 2011 following a successful legal challenge and had fallen to the Secretary of State to re-determine.
Zyda Law have advised on proposed Strategic Rail Freight Interchanges in Manchester, Milton Keynes, Isle of Grain and Colnbrook, near Heathrow. We are leading development consent specialists. To discuss the implications of the Helioslough development, or your own development proposals, please contact Paul Zyda, Principal (paulzyda@zydalaw.com).
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