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The High Court has quashed the development consent order (“DCO”) which authorises the construction of a dual-carriageway road tunnel at Stonehenge to replace the existing A303 road. Mr Justice Holgate allowed the judicial review by Save Stonehenge World Heritage Site Limited on 30th July 2021 on two grounds, relating to the adequacy of the information before Ministers and his consideration of alternatives.
On 12 November 2020 the Secretary of State for Transport had made a DCO under the Planning Act 2008 to authorise the construction of a new route 13 km long for the A303 between Amesbury and Berwick Down partly tunnelised and partly in a cutting. The tunnel would be 3.3 km long under the Stonehenge part of the Stonehenge, Avebury and Associated Sites World Heritage Site and the cutting would traverse the western part of the WHS before reaching a replacement junction at Longbarrow adjacent to the WHS. The Stonehenge part of the World Heritage Site contains 175 scheduled monuments, with other associated monuments outside it.
Highways England had applied for the DCO and their application was considered at a statutory six month examination in 2019. The Examining Authority considered that the scheme would cause substantial harm to the World Heritage Site and recommended that it be refused. The Secretary of State disagreed, in particular in relation to the level of harm, considering that less than substantial harm would result and that would be outweighed by the benefits of the scheme, including the removal of the existing surface level A303.
The judicial review claim was brought on five grounds, and a rolled-up hearing, considering whether permission to apply for judicial review should be granted and the merits of any judicial review at the same time.
The claim was allowed on two grounds:
The Court rejected other grounds of challenge holding:
Victoria Hutton appeared for the claimant (led by David Wolfe QC), James Strachan QC and Rose Grogan appeared for the Secretary of State, and Richard Harwood QC and Christiaan Zwart appeared for Historic England.
To view the full Judgment, click HERE
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