0
On 14 July 2023, the Secretary of State decided to make the A303 Stonehenge DCO to enable the A303 (Amesbury to Berwick Down) Development Consent Order (“the DCO”) to go ahead.
The DCO grants development consent for the construction of an 13km long new two-lane dual carriage way for the A303 between Amesbury and Berwick Down in Wiltshire. The key elements of the scheme are:
The DCO had been made previous but was quashed by the High Court on the 30 July 2021 (see R. (on the application of Save Stonehenge World Heritage Site Ltd) v Secretary of State for Transport [2021] EWHC 2161 (Admin)).
Since the High Court decision, the Secretary of State called for further representations on a number of occasions and relating to matters including archaeology, alternatives and climate change.
In relation to potential alternative designs of the scheme, the focus of the decision was upon two alternatives with the potential to reduce harm to heritage assets at the western end of the scheme by extending the tunnel either by a Bored Tunnel Extension or by a Cut and Cover Tunnel. The Secretary of State concluded that:
“242. In light of the harm that is caused to heritage assets, including the OUV of the WHS, and other harm arising from the Proposed Development and the principles set out in the High Court Judgment, the Secretary of State has carefully considered alternatives to the Proposed Development, including the two alternative tunnel options that have been optimised. Whilst both alternative tunnel options would avoid some, albeit not all, of the less than substantial heritage harm to heritage assets, including the OUV of the WHS, the Secretary of State considers that the additional disadvantages of these alternatives, including in particular the significant extra costs and the delay in realising the social, economic and heritage benefits of the Proposed Development, are not justified to achieve the reduction in harm to heritage assets and other harms identified and the Secretary of State also considers that none of the other alternative options are preferable overall to the Proposed Development for the reasons summarised above. The Secretary of State therefore does not consider that there is any preferable alternative to the Proposed Development, and places neutral weight on the existence of alternatives in the overall planning balance.
243. In conclusion, when considering the impact of the Proposed Development as a whole and the mitigation measures to be put in place, the Secretary of State is satisfied that on balance the need case for the Proposed Development together with the other benefits identified outweigh any harm identified.”
In respect of climate change, the Secretary of State concluded that the increase in emissions associated with the scheme should be given limited weight against the making of the DCO.
238. The Secretary of State notes the ExA’s conclusion that climate change is not a matter that weighs against the Proposed Development [ER 7.2.30]. Amendments have since been made to the Climate Change Act 2008 by the Climate Change Act 2008 (2050 Target Amendment) Order 201915, which amends section 1 so that the target is for net zero greenhouse gas emissions (following an adjustment for trading in carbon units). However, in view of the small increase in greenhouse gas emissions identified as a result of the Proposed Development, which is negligible when assessed against national carbon budgets, the Secretary of State is satisfied that the Proposed Development would not have a material impact on the ability of the Government to meet its amended 2050 climate change targets The Secretary of State attaches limited weight to the small increase in carbon emissions as a result of the Proposed Development (paragraphs 126-164).”
Reuben Taylor KC was instructed by the Applicant, National Highways.
Paul Brown KC was instructed by Wiltshire Council.
The Secretary of State’s decision letter can be found here.
