The campaign against the proposed rail freight terminal on Green Belt land has been dealt a severe blow, after a High Court judge rejected its latest legal challenge.
St Albans: Fight the Freight has been battling against the controversial decision to sell the 1,000-acre site to real estate company Segro.
Developers intend to build a freight terminal on the land, which opponents say will bring thousands of extra lorries and vans onto already congested roads.
Following a long legal battle, a High Court judge rejected a further legal challenge to the way Hertfordshire County Council sold the land.
Previously, campaigners had claimed the sale should have been overturned because the site on the old Radlett airfield was designated open space and could not be developed.
They called for a judicial review into the sale but that was rejected in the High Court in June.
“It’s bitterly disappointing," said one of the Save St Albans: Fight the Freight campaign leaders Cllr Nuala Webb.
The High Court judge, Lord Justice Lewison has rejected the appeal because he said campaigners were unable to prove that when Herts County Council bought the land it was a designated open space.
Key evidence including documents and minutes of meetings from when the council purchased the land for £1 during the 1980s are missing.
Lord Lewison also said that the appeal was submitted too late and should have adhered to a June 19 deadline rather than July.
A campaign spokesperson Andy Cairns argued: "The judge at the initial hearing told us to wait until we received her written ruling. That arrived after June 19! Furthermore, Terrie Smith from the campaign discussed this with the court and they said we had another 21 days to lodge the appeal."
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The group fears their campaign against the freight terminal development could now be over.
Cllr Terrie Smith said: “We feel we have a strong argument for a further appeal and investigating whether we can take it to the Supreme Court but the cost is enormous.
“The local community has dug deep and been incredibly supportive to fund the legal battle so far."
A further challenge would cost up to "£100,000" according to the councillor, who believes they have "run out of options".
Developers Segro have already started work on the site with the Midland Mainline railway due to be closed for nine days in December while they install a bridge offering access to the site.
Despite the legal setback, campaigners say the fight continues.
“There are some big questions around this whole process that are still to be answered," said Cllr Webb.
“There are also some important conditions around the planning permission that need to be closely adhered to.
“Rest assured we’ll be monitoring and holding people to account wherever and whenever necessary.”
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