This Monday St Albans City & District Council was refused permission to appeal the dismissal of its case against the Secretary of State for Communities and Local Government.
In his decision notice, the Judge said that he considered the Council’s grounds of appeal do not have a real prospect of success.
The decision was given by the Rt. Hon. Lord Justice Sullivan in the Court of Appeal.
The Council has decided not to request that Rt. Hon. Lord Justice Sullivan’s decision is reconsidered at an oral hearing before the Court of Appeal.
The Council’s decision was taken in light of legal advice received and has the agreement of the leaders of each of the political groups represented on the Council.
Cllr Julian Daly, the Council’s Leader said: “Sadly, this ends the Council’s challenge against the Secretary of State’s planning decision. We brought our case against a rail freight interchange at this site because we consider it to be harmful to our Green Belt. However, the Judge’s written opinion is clear and given our own legal advice, we have taken the decision not to appeal further.”
The Council had challenged the Secretary of State’s decision to grant planning permission for a strategic rail freight interchange at Park Street near St Albans. The High Court dismissed the Council’s challenge on 13 March 2015.
On 13 April, the Council applied to the Court of Appeal for permission to appeal the dismissal. On 29 June this permission was refused.