A303 Stonehenge DCO

Whilst the Government announced the withdrawal of funding for the A303 Stonehenge scheme in July 2024, on the 16 October 2024 the Court of Appeal upheld the grant of the Development Consent Order for the A303 Stonehenge improvement scheme as lawful.

The Court agreed with the first instance decision of Mr Justice Holgate (as he then was) that all of the grounds raised by the Appellant were unarguable, save one relating to the interpretation of the World Heritage Convention. While the Court determined that that ground of appeal was arguable, it nevertheless dismissed the appeal on the basis that the Secretary of State had reached a “tenable view” of the meaning of the Convention.

The judgment provides helpful guidance in relation to the approach to adopt on redetermining of the DCO decision and in respect of the nature and extent of the briefing that is required for Ministers when taking DCO decisions.

Reuben Taylor KC appeared for National Highways at the DCO examination and in the High Court and Court of Appeal proceedings.

The Judgment can be seen here.