Campaigners lose High Court challenge over Stonehenge tunnel plans

The previous go-ahead for the National Highways’ project was quashed by the High Court in July 2021 amid concern about the environmental impact on the site. Credit: PA images

Save Stonehenge World Heritage Site (SSWHS) challenged Transport Secretary Mark Harper’s backing of plans which include a two-mile tunnel on the A303.

The previous go-ahead for the National Highways’ 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 14 July 2023.

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

However, in a ruling on Monday 19 February, Mr Justice Holgate largely dismissed their claim, finding most parts of their case were “unarguable”.

Stonehenge campaigners outside the High Court in November 2023. Credit: PA images

One part of the legal bid, over the DfT’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 “rightly focused on the relevant policies” and that the campaigners’ evidence “provides no basis for undermining that conclusion”.

During the hearing last year, David Wolfe KC, for SSWHS, said the Government gave “unlawful consideration of alternatives” to the project, adding that campaigners believed National Highways had provided “fundamentally flawed” information over these that “failed to acknowledge the heritage harm” and was based on a “flawed analysis of likely traffic figures for the A303”.

However, James Strachan KC, for the DfT, said the Government concluded the project was “consistent with the UK’s obligations” under the world heritage convention and that it would work with advisory bodies to “minimise harm”.

The Government has argued that the need for the scheme and its benefits “outweighed the harms”, including the “less than substantial harm to heritage assets”.

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