County council defends legal challenge over sale of land for rail freight interchange

Objectors to Hertfordshire County Council’s sale of land for a rail freight interchange have lost a judicial review application over the validity of the sale.

Robert Walton KC acted for Hertfordshire and David Forsdick KC for the land’s purchaser Segro, both of Landmark Chambers.

Landmark said Hertfordshire sold land at the former Radlett Airfield but community interest company Fight the Freight applied for judicial review on two grounds.

It argued that when Hertfordshire bought the land it did so under the Green Belt (London and Home Counties) Act 1938 and unlawfully failed to comply with that Act’s notification and consent requirements before selling the land.This ground was though abandoned at the hearing’s outset.

The second ground was that Hertfordshire also bought the land under s.9 of the Open Spaces Act 1906, and it was therefore held on trust for the public and was sold without complying with the publicity requirements set out in s.123(2A) of the Local Government Act 1972.

Lieven J refused the objectors permission to apply for judicial review, upholding the council and Segro’s arguments that Hertfordshire had not had the power to acquire the land under s.9 of the Open Spaces Act 1906 because at the time it did not fall within the definition of ‘open space’ in s.20 of that Act.

She also said the evidence demonstrated Hertfordshire did not intend to acquire the land to hold as open space for public benefit.

A campaign briefing issued last year by objectors - who are concerned about the depot’s impact on local traffic, noise and amenity - said the 300 acres site had originally belonged to aerospace manufacturer Handley Page, which then sold it to aggregates firm Redland for mineral extraction with a condition that the land must be returned to green space and then sold Hertfordshire for £1 as public open space.

Fight the Freight told the St Albans Times that it is considering an appeal.

Mark Smulian