>> The plaintiff won on a couple of narrow legal points with most of their arguments
>> being rejected. Point 5(iii) seems to carry the most weight and would require an extension
>> of the tunnel.
IME of reading Judicial Review cases there's no oddity in the Claimant making multiple points that are arguable and only succeeding on one or two. Failing to take account of options (ie 5(iii)) is not, IMHO, a minor or narrow point.
It's possible the Minister can re-make the decision properly by dealing fully with that point. On the other hand it's possible that if he traverses and rejects them the decision becomes irrational. I wonder indeed if that was the legal advice he had and it was hoped that 'overlooking' them may be a wing/prayer route to getting the work going.
It's possible that only way to protect Stonehenge is by having the surface level impacts wholly outside the World Heritage Site. If that is not the case and they interfere with the World Heritage site then Stonehenge could, like Liverpool's waterfront, lose its UNESCO status.
Last edited by: Bromptonaut on Sat 31 Jul 21 at 14:38
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