Smart Transport

Government loses Stonehenge tunnel court case

Traffic on the single-carriageway section of the A303 near Stonehenge

The High Court has ruled that transport secretary Grant Shapps ‘acted unlawfully’ when granting permission for a dual carriage and short tunnel through the Stonehenge World Heritage Site (WHS).

The judgement quashes development consent for an eight-mile road project, which includes two miles of tunnel past Stonehenge and within the WHS.

Highways England announced in 2020 it planned invest £27.4 billion in the strategic road network across the country over the next five years, including the tunnel. 

The ruling was delivered following a judicial review of the secretary of state’s decision to allow the project, brought by campaign group, Save Stonehenge World Heritage Site (SSWHS).

Law firm, Leigh Day said Shapps allowed the scheme under the National Planning Policy Statement for National Networks (NPSNN) against the advice of a panel of expert planning inspectors who concluded that the £1.7bn scheme would cause significant harm to the integrity of the WHS.

The judge, Mr Justice Holgate, found that the secretary of state ‘unlawfully failed’ to consider fewer damaging ways of relieving the existing A303 and that he had made an ‘error of law’ to consider alternatives to the scheme, including a longer tunnel, which may have been less damaging to the WHS.

The judge agreed that, in breach of rules in the NPSNN and the Planning Act (PA 2008), Shapps had not properly assessed the risk of harm to each heritage asset within the WHS.

As part of his judgement, Holgate noted the transport secretary’s acceptance that the road scheme would have caused permanent and irreversible harm to the WHS.

John Adams, director at Save Stonehenge World Heritage Site (SSWHS) and acting chairman of the Stonehenge Alliance, said: “We could not be more pleased about the outcome of the legal challenge.

“The Stonehenge Alliance has campaigned from the start for a longer tunnel if a tunnel should be considered necessary.

“Ideally, such a tunnel would begin and end outside the WHS. But now that we are facing a climate emergency, it is more important that this ruling should be a wake-up call for the Government.

“It should look again at its roads programme and take action to reduce road traffic and eliminate any need to build new and wider roads that threaten the environment as well as our cultural heritage.”

SSWHS said it awaits the secretary of state's decision on whether he will appeal against the judgement and said, should he do so, the legal battle will continue.

A spokesperson at the Department for Transport (DfT) said: "We are disappointed in the judgment and are considering it carefully before deciding how to proceed."

A spokesperson at Highways England said: “This is a setback, but we remain confident our project is the best solution to the ongoing issues along the A303 past Stonehenge and was developed after a long and extensive collaboration with our key stakeholders.

“We are hugely disappointed by the decision, and we know this will also dismay many people in the local community who have waited decades for a solution and all those who use the road to travel to work or on holiday in the south west.”

Smart Transport National Conference 2023

The UK’s largest two-day conference for senior private and public sector transport leaders and policymakers to work together to transform the UK’s transport network and achieve net zero will take place on 21 & 22 November 2023, The Eastside Rooms, Birmingham.

The high-level conference will bring together senior transport leaders who help shape transport policy and deliver its infrastructure.

It aims to promote best in class initiatives from the private and public sector and bring people together through networking, knowledge transfer and discussion and is seen as UK's largest, trusted and most credible transport conference to facilitate public and private sector collaboration.

The agenda will deliver a speaker faculty of 80+ expert speakers, including senior transport politicians, from the UK and beyond. And we expect an audience of 300+ delegates to attend. 

Speakers come from authorities and organisations such as: The Department for Transport, England’s Economic Heartland, Birmingham City Council, Transport for West Midlands, Midlands Connect, TIER Mobility, CoMoUK, Lambeth Council, Cambridgeshire and Peterborough Combined Authority, Enterprise Holdings, FedEx, Worldline and Cornwall Council.

Find out more and book tickets

November 2022 conference video highlights

Book your one or two-day ticket now!

Comment as guest

Login  /  Register


No comments have been made yet.

Related content

Office Address
  • Smart Transport
    Media House
    Lynch Wood
    PE2 6EA
Join the community
  • Register to receive our digital content / products and service / information about our events.
  • Register now.
  • Conference


Welcome to Smart Transport

Welcome to the Smart Transport website, keeping you up-to-date with the latest news, insight and reports from policymakers and thought leaders.

The Smart Transport brand connects policy to solutions by bringing national government and local authority policymakers together with private sector organisations.

Contact Ernest Olaseinde for more information.

© Bauer Consumer Media Ltd
Media House, Lynch Wood, Peterborough, PE2 6EA - Registered number 01176085 IPSO regulated logo


Smart Transport members

Smart Transport board members


Please note:
By submitting any material to us you are confirming that the material is your own original work or that you have permission from the copyright owner to use the material and to authorise Bauer Consumer Media to use it as described in this paragraph. You also promise that you have permission from anyone featured or
referred to in the submitted material to it being used by Bauer Consumer Media. If Bauer Consumer Media receives a claim from a copyright owner or a person
featured in any material you have sent us, we will inform that person that you have granted us permission to use the relevant material and you will be responsible for paying any amounts due to the copyright owner or featured person and/or for reimbursing Bauer Consumer Media for any losses it has suffered as a result.