Round in (stone) circles? Stonehenge decision faces another legal challenge

29/08/2023 | CHRIS AMES

Campaigners have launched a legal challenge to the Government’s renewed approval of the £2bn A303 Stonehenge tunnel scheme.

Save Stonehenge World Heritage Site (SSWHS) said it filed a claim with the High Court this week, following the decision of transport secretary Mark Harper last month to grant National Highways a new development consent order (DCO).

The campaign group argues that the Government's failure to subject the re-determination of the scheme to a full public re-examination 'was unfair and also a breach of human rights'.

In July 2021, SSWHS won a High Court victory quashing the DCO granted by then transport secretary Grant Shapps.

SSWHS said the new decision ‘flies in the face of’ opposition from UNESCO and the 2020 recommendation from the Government’s own independent planning inspectors that development consent should be refused.

It pointed out that UNESCO had asked the Government not to approve the scheme ahead of its World Heritage Committee meeting in September, adding that ministers had ‘rushed out the decision ahead of the Somerset and Frome by-election’.

Rowan Smith, of solicitors Leigh Day representing SSWHS, said: ‘Our client is shocked that the Government appears not to have learnt from its mistakes and has repeated the decision to grant development consent for the Stonehenge road scheme.

‘Again the decision appears to have been made on an unlawful basis. Our client will argue that the failure to reopen the public examination a second time round was unfair and also a breach of human rights. We hope the Court will grant our client permission for a full hearing.’

Leigh Day argued in its pre-action letter to the Government that granting of development consent was unlawful on the following grounds:

  • Given recent developments and key new evidence, it was procedurally unfair for the Secretary of State not to subject the re-determination to a full public re-examination.
  • It was irrational for the Secretary of State to give no weight to the risk that the scheme would result in Stonehenge having its World Heritage Status removed.
  • Mr Harper failed to consider diverting the road around the Stonehenge site, despite such an alternative having a far lower impact in heritage terms.
  • Mr Harper failed to properly assess the scheme’s climate change impact.

Derek Parody, National Highways project director for the A303 Stonehenge scheme, said: 'We are aware of the legal challenge and will follow the due legal process.

'In the meantime, we remain confident this scheme is the best solution for solving the traffic problems along this notoriously congested section of the A303 while preserving and enhancing the World Heritage Site, improving journeys, bringing much needed relief to local communities and boosting the economy in the South West.'

Highways InProfile

latest magazine issue
Highways jobs

Senior Civil Engineer - Major Projects x 4

£45,894.00 - £54,952.00
We are looking for experienced engineers to help us progress a number of key projects and programmes Glasgow, Glasgow City
Recruiter: Transport Scotland

Technician - Maintenance

£31001.0000 - £36471.0000 per annum
Essex Highways is responsible for managing and maintaining one of the largest highway networks in the country
Recruiter: Essex County Council

Highways Contract Engineer

£46,731 - £49,764
The team helps provide a safe road network that operates efficiently and effectively.  Northamptonshire
Recruiter: North Northamptonshire Council

Principal Transport Planner

£46,731 - £49,764 (pro-rata)
We are looking for an experienced professional to join us on a six-month temporary contact as a Principal Transport Planner. Kettering, Northamptonshire
Recruiter: North Northamptonshire Council

Highways Maintenance Operative

£Competitive
We have a fantastic opportunity for a Permanent Highways Maintenance Operative Broughton, Brigg
Recruiter: Amey

Head of Highways Contracts & Network

£81,803 progressing to £90,664 per annum
The team includes approximately 60 directly employed HCC people Hertfordshire
Recruiter: Hertfordshire County Council

Principal Construction Manager

£Competitive
We are excited to offer a fantastic opportunity for a Permanent Principal Construction Manager Yorkshire and the Humber
Recruiter: Amey

Quality Technician

£Competitive
We are excited to offer a fantastic opportunity for a Permanent Quality Technician Yorkshire and the Humber
Recruiter: Amey

Senior Highway Engineer (Development Management)

£42679.0000 - £50211.0000 per annum
Senior Highway Engineer (Development Management)Permanent, Full Time£43,960 to £51,718 per annum*Location
Recruiter: Essex County Council

Project Manager (Major Projects)

£44,711 - £47,754
Are you an experienced project professional or engineer with looking to take the next step in your career? Halifax, West Yorkshire
Recruiter: Calderdale Metropolitan Borough Council

Senior Civil Engineer - Roads

£45,894 - £54,952
Are you an experienced engineer looking to support the Scottish Government’s national objectives. Scotland
Recruiter: Transport Scotland

Project Team Manager

£55,147 to £60,676 per annum
We are pleased to be able to offer an opportunity for a role as Design Team Manager Norwich, Norfolk
Recruiter: Norfolk County Council

Clerk of Works

GRADE 08 (£37,938 - £41,511)
Warrington is one of the most successful towns in the country Warrington, Cheshire
Recruiter: Warrington Borough Council

Assistant Projects Engineer

GRADE 06 (£29,093 - £32,654),GRADE 07 (£33,366 - £37,035), GRADE 08 (£37,938 - £41,511)
Warrington is one of the most successful towns in the country Warrington, Cheshire
Recruiter: Warrington Borough Council

Principal Engineer - Traffic Management

£45,718 - £48,710 per annum
At Bath & North East Somerset Council we have one overriding purpose – to improve people’s lives. Bath, Somerset
Recruiter: Bath & North East Somerset Council

Vehicle Technician - Improver

£28,624 - £30,060
Transport Services is responsible for all aspects of transport and related services Huddersfield, West Yorkshire
Recruiter: Kirklees Metropolitan Council

Programme Delivery Office Administrator

Grade 9 £31,344 - £33,253 per annum
At Derbyshire, we have been on a journey to transform the way we deliver highway services to make them fit for the future Derbyshire
Recruiter: Derbyshire County Council

Support Officer - Highways Asset Management Systems

£31,586 - £34,314
We are a forward-thinking organisation dedicated to maintaining and improving our highway infrastructure. Lincolnshire
Recruiter: Lincolnshire County Council

Principal Transport Planner (Strategy)

£46,731-£49,764
We are looking for an experienced professional to join North Northamptonshire Council as a Principal Transport Planner (Strategy). Sheerness House, 41 Meadow Road, Kettering moving to Haylock House, Kettering Parkway, Kettering NN15 6EY, United Kingdom
Recruiter: North Northamptonshire Council

Electrical Engineer

Grade 9 £34,314 to £37,938 - Grade 10 £37,035 to £40,476 - Grade 11 £39,513 to £43,693 - Grade 12 £42,708 to £46,731 p.a.
The Construction Consultancy Services (CCS) team provide client-side construction consultancy services across a range of professional disciplines to d Durham
Recruiter: Durham County Council
SUBSCRIBE NOW

Latest Video

Subscribe to Highways today to ensure you keep your finger on the pulse of everything happening in the UK road network throughout the year.

SUBSCRIBE NOW