YES, YES, YES!!!!!!!!!!!
So the law - unlike the Department of Transport - is not an ass.
This is the most wonderful news!
Congratulations to everyone involved in bringing this case to court, and winning a verdict that was richly, richly merited. #StonehengeTunnel
So the law - unlike the Department of Transport - is not an ass.
This is the most wonderful news!
Congratulations to everyone involved in bringing this case to court, and winning a verdict that was richly, richly merited. #StonehengeTunnel
https://twitter.com/HuttonVictoria/status/1421122405053964296
Mr Justice Holgate "agreed that, in breach of rules in the National Policy Statement for National Networks (NPSNN) and the Planning Act (PA 2008), the Transport Secretary had not properly assessed the risk of harm to each heritage asset within the World Heritage Site."
"The judge found that he did not have the evidence to conclude that the project would cause “less than substantial harm” to the heritage assets within the WHS, which he deemed fatal to the lawfulness of the decision to grant development consent."
"The judge further concluded that the Transport Secretary had made an error of law by failing to consider alternatives to the scheme, such as a longer tunnel, which may have been less damaging to the WHS."
"Crucially for how the Transport Secretary may respond to this judgment, Mr Justice Holgate was clear that, given the panel found that substantial harm would be caused to the Stonehenge WHS, it would be wholly exceptional to treat that level of harm as acceptable (para 264)."
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