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Campaigners lose High Court challenge over Stonehenge tunnel plans renewal

National Highways has said its plan for the tunnel will remove the sight and sound of traffic passing the site and cut journey times.

Jess Glass
Monday 19 February 2024 11:07 EST
Plans include a two-mile tunnel, to overhaul eight miles of the A303 (PA)
Plans include a two-mile tunnel, to overhaul eight miles of the A303 (PA) (PA Archive)

Campaigners have lost a High Court challenge over renewed plans to build a road tunnel near Stonehenge.

Save Stonehenge World Heritage Site (SSWHS) challenged Transport Secretary Mark Harperā€™s backing of plans which include the two-mile tunnel, to overhaul eight miles of the A303.

The previous go-ahead for the National Highwaysā€™ project was quashed by the High Court in July 2021 amid concern about the environmental impact on the site.

But the Department for Transport (DfT) approved the tunnel, from Amesbury to Berwick Down in Wiltshire, for the second time, on July 14 last year.

In December, the campaigners brought a bid to the High Court in London to challenge the decision to reapprove the plans.

However, in a ruling on Monday, Mr Justice Holgate largely dismissed their claim, finding most parts of their case were ā€œunarguableā€.

One part of the legal bid, over the DfTā€™s approach to an environmental impact assessment, will be determined at a later date.

In his 50-page ruling, Mr Justice Holgate said ministers had ā€œrightly focused on the relevant policiesā€ and that the campaignersā€™ evidence ā€œprovides no basis for undermining that conclusionā€.

During the hearing last year, David Wolfe KC, for SSWHS, said the Government gave ā€œunlawful consideration of alternativesā€ to the project, adding that campaigners believed National Highways had provided ā€œfundamentally flawedā€ information over these that ā€œfailed to acknowledge the heritage harmā€ and was based on a ā€œflawed analysis of likely traffic figures for the A303ā€.

However, James Strachan KC, for the DfT, said the Government concluded the project was ā€œconsistent with the UKā€™s obligationsā€ under the world heritage convention and that it would work with advisory bodies to ā€œminimise harmā€.

The Government has argued that the need for the scheme and its benefits ā€œoutweighed the harmsā€, including the ā€œless than substantial harm to heritage assetsā€.

National Highways has said its plan for the tunnel will remove the sight and sound of traffic passing the site and cut journey times.

Then-transport secretary Grant Shapps first gave the green light to the project in November 2020, despite advice from Planning Inspectorate officials that it would cause ā€œpermanent, irreversible harmā€ to the area.

The SSWHS alliance successfully challenged his decision in the High Court.

After the ruling, David Bullock, National Highwaysā€™ project director for the A303 Stonehenge scheme, said: ā€œWe welcome the High Courtā€™s decision and wait for conclusion of the legal proceedings.

ā€œIt is a positive step forward and would mean that at long last we can progress solving the issues of the A303 near Stonehenge.

ā€œIt represents decades of working with our stakeholders, heritage bodies and local communities to create the best possible solution.ā€

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