THE lack of certainty over capacity for freight trains on the Midland Main Line can not justify refusing Helioslough's proposal, the company's barrister has told the hearing.

Network Rail, although it backs the project, says it can not guarantee gaps in the timetable for 12 freight trains a day as well as passenger services, reinforcing fears that the depot will eventually be served purely by lorries.

Mr Kingston, continuing his closing statement this afternoon, said: “There is no reason doubt that adequate paths can be provided, and very significant reassurance that they can be.”

Outlining how rail timetables evolve after companies have bid for the right to operate trains, he said: “The process for 2015 would normally start in 2013.

“To have any feel for what a timetable will look like one needs knowledge of all passenger and freight services operating in 2015 – the operator, speed, origin and destination and where they stop en route, and the rules of the route, rolling stock, signalling and mix of users on the line.

“The information is not available in sufficient detail. It would be impossible for the guarantees the council and Strife require to be provided.

“On their approach, no SRFI could ever be consented and the Secretary of State was wrong to grant consent at Howbury Park in south-east London.”