Challenge to Council’s decision to sell land to Strategic Rail Freight Interchange developer dismissed

In June 2023 Hertfordshire County Council sold land within its ownership at the former Radlett Airfield to SEGRO (Radlett) Plc. SEGRO is in the process of building a Strategic Rail Freight Interchange on the land, pursuant to a planning permission granted on appeal by the Secretary of State in 2014. In September 2023 a Community Interest Company – St Albans: Feight the Freight CIC – applied for judicial review of the Council’s decision to sell the land to SEGRO, arguing that the sale was unlawful on two grounds:

1. when the Council had originally bought the land it did so pursuant to the Green Belt (London and Home Counties) Act 1938 and it unlawfully failed to comply with the notification and consent requirements set out in s.5 of the 1938 Act before selling the land to SEGRO. Under this ground the Claimant sought an Order quashing the sale; alternatively
2. the Council had originally bought the Land under s.9 of the Open Spaces Act 1906, the Land was therefore held on trust for the public pursuant to section 10 of the 1906 Act, and the Council sold the land without complying with the publicity requirements set out in s.123(2A) of the Local Government Act 1972, meaning that the land was still subject to the s.10 trust. Under this ground, the Claimant sought a declaration to that effect.

Lieven J considered the claim at a rolled-up hearing on 11 June 2024. Shortly before the hearing, the Claimant abandoned its argument that the Council had acquired the land under the 1938 Act. Lieven J refused the Claimant permission to apply for judicial review, upholding the Council and SEGRO’s arguments that the Council had not had the power to acquire the land under s.9 of the Open Spaces Act 1906 because at the time the Council acquired the land it did not fall within the definition of “open space” set out in s.20 of the 1906 Act; and that the evidence demonstrated that the Council did not in fact intend to acquire the land for the purposes of holding it as open space for the benefit of the public and did not in fact do so. The Court also found that the claim had not been brought promptly as required by CPR 54.5(1).

Robert Walton KC acted for the County Council, instructed by the Council’s Legal Services Department. 

David Forsdick KC acted for SEGRO, instructed by Gowlings LLP.