The Public and Third Sector Law Reports
[2022] PTSR 74
Queen’s Bench Division
Regina (Save Stonehenge World Heritage Site Ltd)
v
Secretary of State for Transport
[2021] EWHC 2161 (Admin)
2021 June 23–25;
July 30
July 30
Holgate J
Planning— Development consent— World Heritage Site— Strategic highways company applying for development consent order for nationally significant infrastructure project affecting World Heritage Site— Statutory expert panel recommending refusal of consent— Secretary of State granting development consent order— Whether decision unlawful— Whether failure to comply with and apply National Policy Statement for National Networks and local development plan policies— Whether material error of law in deciding that harm identified by panel as substantial should be treated as less than substantial— Whether unlawful approach to consideration of heritage harm— Whether national policy statement compliant with World Heritage Convention—
Planning Act 2008 (c 29), s 104[1]
—
Infrastructure Planning (Decision) Regulations 2010 (SI 2010/305), reg 3[1]
—
Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (SI 2017/572), reg 21(1)[1]
—
National Policy Statement for National Networks, paras 5.131–5.134
[1]
—
Convention Concerning the Protection of the World Cultural and Natural Heritage (1972), arts 4, 5[1]
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