Jurisdiction(s):
United Kingdom

A303 Stonehenge DCO judicial review dismissed: ministerial briefing adequate; no reopening; climate/NPS grounds fail (R (Save Stonehenge WHS) v Secretary of State for Transport [2024] EWHC 339 (Admin))

Published on: 29 February 2024

Published by a LexisNexis Planning expert

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R (on the application of Save Stonehenge World Heritage Site Ltd) and another v Secretary of State for Transport [2024] EWHC 339 (Admin) What are the practical implications of this case?

Numerous points depended on the case’s specific facts. The climate change ground and the Boswell decision could have broader reach, making the Court of Appeal judgment significant. Arguably the most generally relevant conclusion concerns Ground 8 and the sufficiency of briefing provided to Ministers before a determination. It is settled that a Minister can only consider matters personally known to him, or specifically brought to his attention, and he is not expected to range beyond that compass. The claimants contended the briefing was deficient, as it omitted points so plainly material that ignoring them would be irrational, and said those matters should have been flagged. The court concluded, however, that even if an issue is plainly material and must be considered, the law does not demand that every piece of information on that subject be set before the decision maker; completeness is not the test. The decision maker need not be inundated with exhaustive detail to take account of an obviously material matter in this case. The decision maker...

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