A303 Tunnel: campaigners granted legal challenge

Campaigners have secured a hearing in their judicial review challenge about the decision to allow a new A303 dual carriageway and tunnel to be built that they claim would cause "significant harm to the Stonehenge World Heritage Site (WHS)".

FIGHT AGAINST 2 MILE TUNNEL

A decision revealed today (17 Feb) by a High Court judge says that legal arguments, about Transport Secretary Grant Shapps' decision to allow the eight-mile road project with a two-mile tunnel past Stonehenge, must be dealt with at a "rolled up" hearing at which the Court will decide if the claim is arguable and, if so, whether it succeeds.

The claim from 'Save Stonehenge World Heritage Site' (SSWHS)' a group of individual supporters of the Stonehenge Alliance, could make it to the High Court in a matter of months.

COSTLY COURT CASE

Over the last few weeks SSWH raised £50,000 to apply for a judicial review.

There will be a preliminary hearing next week to set the timetable for that process. If the Court ultimately rules that Mr Shapps’ decision was unlawful, he will have to rethink the hugely controversial road project.

CALL FOR SHAPPS RETHINK

Permission for the scheme was granted against the advice of the Examining Authority (ExA), a five-person panel of expert inspectors, who examined the application by Highways England for the Amesbury to Berwick Down draft Development Consent Order under section 37 of the Planning Act 2008.

The inspectors said the scheme, with deep cuttings and tunnel entrances within the WHS, would "permanently harm the integrity of the WHS and seriously harm its authenticity".

Mr Shapps agreed with the ExA that the development will harm visual and spatial relationships and settings in the ancient landscape of the World Heritage Site but concluded that the level of harm would not be substantial and would be outweighed by the public benefit.

Tom Holland, Stonehenge Alliance President, said:

"This is very good news. We have always believed that the Government’s intention to build a great gash of concrete and tarmac through the World Heritage Site is a dereliction of its responsibilities, and we are delighted that there will now be the opportunity to test this conviction in a court of law. We urge Grant Shapps to review his decision, and act to conserve rather than vandalise this most precious of prehistoric landscapes."

Acting for SSWH, Rowan Smith for Leigh Day solicitors said:

"There is clearly a huge level of public outrage against, what is in effect, an existential threat to one of the most treasured symbols of British history. However, this legal case must proceed on points of procedural error. Today’s decision means that our client's case and the Government’s decision making process will now be fully scrutinised by the Courts."

Campaigners continue to fundraise for their legal action.

• a303
• stonehenge
• stonehenge tunnel
• Legal challenge