30.01.15
High Court appeal over Radlett SRFI to be heard next week
The government’s decision to approve plans for the Strategic Rail Freight Interchange (SRFI) at Radlett will be challenged in the High Court next week.
In the last seven years, St Albans District Council (SADC) has spent £1.4m fighting the development plans for the SRFI on the former Radlett Airfield, which is also a designated green belt site. It lodged its High Court appeal in August 2014.
Now, after months of waiting, the appeal will be heard on Tuesday 3 February and Wednesday 4 February.
SADC said it registered the claim because it was concerned about the “legality” of the communities secretary Eric Pickles’ decision in July, on allowing an appeal to be brought by Helioslough Limited, the joint venture between Helios Properties plc, a logistics specialist, and Slough Estates plc.
The council is challenging the decision on three points of law:
- First it is concerned with the legality of the secretary of state’s approach in taking his decision;
- Second, the misapplication of wording in the National Planning Policy Framework. Section 88 says that ‘very special measures’ will not exist unless the potential harm to the green belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. The claim says, legally, this test was not proved;
- The third ground for challenge relates to procedural irregularity and inconsistency on the rail freight interchange decision (versus the refusal of a nearby waste incinerator).
Action group STRiFE – Stop the Railfreight Exchange – will have their own barristers in the High Court supporting the council, funded through the group’s supporters. The current challenge is expected to cost around £100,000.
DCLG said that while legal action is taking place it would be inappropriate to comment on the case. However, only last month, the government reiterated its support for developing SRFIs nationally.
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