National Trust: Outline Statement of Case

THE NATIONAL TRUST

C/O BURGES SALMON SOLICITORS

NARROW QUAY HOUSE

NARROW QUAY

BRISTOL

BS1 4AH

(Ref: PR01/BG02/3773.127)

NOVEMBER 2003

1. Introduction

1.1 The following proposed Orders are addressed by this statement:

Compulsory Purchase

A303 Trunk Road (Stonehenge Improvement) Compulsory Purchase Order (No ) 200

Road Orders

A303 Trunk Road (Stonehenge Improvement) Order 200

A303 Trunk Road (Stonehenge Improvement) Slip Roads Order 200

A303 Trunk Road (Stonehenge Improvement) (DeTrunking) Order 200

A303 Trunk Road (Stonehenge Improvement) Side Roads Order 200

Traffic Regulation Orders

A303 Trunk Road Stonehenge Improvement (Stonehenge Byway) (Prohibition of Motor Vehicles) Order 200.

A303 Trunk Road Stonehenge Improvement (Countess Roundabout to Longbarrow Crossroads) Prohibition to Certain Classes of Traffic and Pedestrians) Order 200.

1.2 In this statement the expression "the Scheme" is used generally to describe some or all of the proposals contained within these different orders which are considered to be component parts of one scheme being promoted by the Highways Agency.

2. The National Trust's position in relation to the Scheme

2.1 The National Trust shares with English Heritage and the Highways Agency a common objective for a transformed Stonehenge landscape. In this objective, as the National Trust understands it, the essential aim is that the visual intrusion, noise and pollution presently associated with the A303 and A344 roads and their use by vehicular traffic should, as far as possible, be eliminated. The common objective also seeks the re-connection of the stone circle with the rich historic landscape that surrounds it and the provision of new and improved visitor facilities.

2.2 For millions of people across the world Stonehenge is an icon of British heritage. It is difficult to overestimate its power to attract and inspire visitors. There is now an unprecedented opportunity to transform their experience of it and most importantly to ensure that the special qualities of this unique landscape are properly conserved and enhanced for future generations.

2.3 The principal purposes underlying the representations that the National Trust wishes to make to the Secretary of State for Transport in relation to the Scheme are, in the first place, to ensure that the opportunity referred to in paragraph 2.1 above is achieved, in accordance with the relevant law and policy, and within a reasonable timescale; and, second, to ensure, so far as it is able to ensure, that the Secretary of State for Transport is fully and properly informed as to the likely significant environmental effects of the Scheme before he reaches his decisions upon it.

2.4 It is obviously imperative for the Secretary of State for Transport to be satisfied that he has been fully informed as to all material considerations pertaining to the Scheme, including, but not limited to, the relevant environmental considerations, before making the decisions that it falls to him to make.

2.5 It follows from what has been said at paragraph 2.1 above that the perpetuation of the status quo is not acceptable to the National Trust. It does not follow, however, that the common objective shared by the National Trust, English Heritage and the Highways Agency will be achieved by the Scheme. That is a matter for the Secretary of State for Transport to decide having regard to all the evidence and submissions that are put before him in the course of the present process.

2.6 The National Trust welcomes and supports the principle of placing a section of the A303 road, where it passes Stonehenge, in a tunnel. It welcomes and supports the use of a bored tunnel. However, the National Trust is not persuaded that, if a tunnel of the length and type proposed in the Scheme is constructed, substantially deleterious effects on the environment, in respect of the spirit of the place, the landscape, archaeological interests and nature conservation, can be avoided or sufficiently mitigated. The National Trust believes that it could not responsibly support in the present process a proposal for development that is, in those respects, deficient.

2.7 The National Trust acknowledges that the Scheme holds in prospect certain benefits, to which due weight will have to be given. Nevertheless, the National Trust believes that, in view of the substantial disadvantages of the Scheme in environmental terms, and in view of the fact that there exist potential alternatives to the Scheme, which might be judged likely to avoid or overcome the deficiencies of the Scheme, which would offer similar or greater benefits, and which would not have substantial disadvantages of their own, the Scheme cannot receive the National Trust's support in the present process.

2.8 The National Trust also acknowledges, that the Secretary of State for Transport may differ from the National Trust in his judgment as to the implications of the Scheme for the environment. Conversely, it may be that the Secretary of State for Transport will accept the National Trust's judgment as being well founded but may nonetheless conclude that, despite that judgment, the Scheme should be accepted. The National Trust wishes to make it absolutely clear that the overall judgment in relation to the Scheme is not one that the National Trust seeks to suggest, or responsibly can suggest, to the Secretary of State for Transport. That is because the National Trust has deliberately not engaged in an overall balancing exercise, taking all material considerations into account. The National Trust intends to produce no evidence in relation to the economic or traffic-related considerations relating to the Scheme and to the potential alternatives.

2.9 The Secretary of State for Transport will have to be certain, before he issues his decisions in relation to the Scheme, that a fair and thorough assessment of all relevant alternatives has been undertaken. In the event that he finds that the Scheme cannot be accepted, it will not be open to him to dictate to the Highways Agency what alternative course, if any, they should pursue. In that event, the Highways Agency would no doubt wish to consider what they should do, and to indicate, after due reflection, whether, in pursuit of the common objective referred to at paragraph 2.1 above, they would wish to promote an alternative scheme. It would be perfectly understandable were the Highways Agency not to wish to commit themselves, at this stage, to the manner in which they would react to the rejection of the Scheme if that were to be the outcome of this process. If, however, they felt able to assist the Secretary of State for Transport in that way, he would have the advantage of knowing their position before coming to his decisions.

3. Acquisition of Land Act 1981 Act Powers to Protect Inalienable Land

3.1 In due course, the National Trust may have to undertake the process of considering whether to invoke the Special Parliamentary Procedure in relation to inalienable land in its ownership. By its attendance at, and participation in, the forthcoming public inquiry, the National Trust will endeavour to inform itself fully as to those matters which it would have to take into consideration at that later stage. The decisions of the Secretary of State for Transport would also be a consideration material to the National Trust's deliberations. However, the National Trust wishes to make plain at the outset its understanding and contention that the inquiry into this Scheme will not be the proper forum for the consideration of the position it may take in relation to the exercise of its powers, and that it does not intend to advance any evidence or submissions in relation to the exercise of those powers.

4. Adequacy of the Environmental Impact Assessment

4.1 The National Trust has raised in correspondence with the Highways Agency its concerns as to the adequacy of the information provided in the environmental statement. The National Trust considers that the matters on which it is seeking further information are important to achieving a full and proper understanding of the environmental impacts of the Scheme and it will continue to liaise with the Highways Agency on these matters. For the time being, however, the National Trust finds itself constrained to indicate several areas of inadequacy in this statement of case. Depending on the Highways Agency's response to the issues raised by the National Trust, further representations may be needed in advance of, or at, the inquiry.

5. Specific Issues

5.1 The National Trust does not intend to burden this statement of case with a comprehensive setting out of the evidence that it intends to present to the inquiry. It is hoped that that evidence can be refined and reduced with the assistance of the Highways Agency and other parties in the discussion and resolution of areas of potential common ground. However, in order to assist the Inspector, the National Trust sets out below its principal concerns in relation to the Scheme as matters stand.

5.2 Spirit of Place

1. There are many different values, which can be described as contributing to the Spirit of Place, that pertain to Stonehenge and the wider World Heritage Site landscape. These will be reviewed and their significance assessed in the National Trust's evidence. Some of these are not adequately addressed by the Scheme in its present form.

5.2.2 The Scheme proposals would result in improvements to the landscape in the immediate vicinity of Stonehenge and to the amenity value of the area. However, there would be adverse effects resulting from the impact of the Scheme on the wider World Heritage Site. Significant aesthetics values, such as the sense of antiquity, remoteness, tranquillity and near and distant views of Stonehenge, have contributed to the strength of feeling experienced by people in this landscape. It is these characteristics that have also found expression in art, literature, myth and legend. These values are very vulnerable to change. The scale of the proposed changes to the wider landscape as a result of the Scheme would result in erosion of these values and a loss of their significance for the future.

5.2.3 There are also very close links between these aesthetic values and the emotions that arise from them and the spiritual values and significance of the place. These find their most obvious expression in the annual calendar of worship by the many pagan and Druid groups and individuals that identify with Stonehenge and its associated sacred monuments. But many other different faith groups also experience the spiritual attributes of Stonehenge. Despite the tensions of the last half-century, there is an opportunity now to enhance people's ability to engage with the Stonehenge landscape and for more people to realise and experience the spiritual qualities of the place. However, the Scheme does not adequately address the conservation of the spiritual quality and the ability properly to appreciate these values.

5.2.4 Stonehenge as a World Heritage Site is one of a relatively small number of such places world-wide that is recognised to have "outstanding universal value". The protection and conservation of that value and its transmission to future generations is a principal responsibility arising from the UNESCO World Heritage Convention, and is expressed through the Stonehenge World Heritage Site Management Plan. The area has always been subject to change, some of which, particularly in the twentieth century, has caused a loss of significance. There is now an opportunity to reverse some of that damaging change and to create a physical environment which will ensure the transmission of maximum significance to the future. The proposed development would not enable that to happen and would not avoid potential damage and loss of significance.

5.2.5 Inadequate consideration has been given to the importance of the Avenue and the unique opportunity to reunite the lengths currently crossed by the A303. The Avenue is an integral part of the Stonehenge monument. It is of considerable scientific and amenity value and links the immediate landscape of the Stonehenge Bowl with the landscape to the east of King Barrow Ridge. Whilst considerable attention has been given to the reintegration of the Avenue where it is severed by the A344 road, none seems to have been given to any possible similar treatment where it is currently crossed by the A303 road. This is inconsistent with the vision of re-uniting Stonehenge with its wider landscape.

5.3 Landscape

5.3.1 The proposed tunnel passing beneath Stonehenge would result in substantial improvements both to the landscape character and to views from the Stonehenge monument and much of the surrounding estate lands. However, the following disadvantages would result.

5.3.2 Three ridgelines within the Stonehenge World Heritage Site (WHS) would be adversely affected by highway features, which incorporate large cuttings.

5.3.3 The settings of two important barrow groups would be adversely affected by the siting of the portals, which would be the largest features of the development above the ground. The setting of a further barrow group would deteriorate further.

5.3.5 The intervisibility between barrow groups within the Stonehenge landscape would be adversely affected, especially in the western part of the World Heritage Site.

5.3.6 In the National Trust's judgment, landscape implications include more than merely visual factors, extending to other matters, which impact upon the public's perception of the WHS after construction of the Scheme. The Scheme would result in a large reduction in noise in the vicinity of the Stone Circle. This area, extending up to the immediate ridge lines, would become tranquil. Moreover, the scheme would not result in significant increases in noise levels in the wider World Heritage Site area. However, noise levels in this wider area would not be reduced to levels that could be considered tranquil. Thus, the proposal would not meet the Trust's aspirations for the World Heritage Site

5.4 Archaeology

5.4.1 The proposed 2.1 km tunnel would considerably improve the existing unacceptable situation at Stonehenge itself and at some other monuments in its immediate vicinity. It is also now acknowledged that improvements have been made in both the length of the tunnel and its method of construction since the announcement of the preferred route. However, there remain serious deficiencies in the Scheme, whose implementation would have an adverse effect on the cultural heritage. These would be likely to be avoided by a longer tunnel. The principal points are set out below.

5.4.2 Although there has been a great deal of survey work during the development of the proposed route, there is still uncertainty about the extent of the buried archaeological resource and the effect of the scheme upon it, which is not adequately addressed in the Environmental Statement. The National Trust does not accept the statement that "the risk of significant undiscovered archaeological remains being encountered during construction is low" (Environmental Statement Volume 2, Part 1, Section 2.1.2.5). There has been a lack of consideration of the totality of the landscape, the likely impact of the proposed development upon it and the likely effect of the development on the historic landscape.

5.4.3 The west and east tunnel portals are poorly sited, as they are located within a zone of activity which lies at the edge of the Stonehenge MILS. The west tunnel portal would be positioned within a barrow cemetery in the core of the World Heritage Site, and would have an adverse effect on the setting of the upstanding barrows and pose a significant risk to associated buried archaeological remains.

5.4.4 The significance and spread of archaeological remains on Kings Barrow Ridge have been underestimated and the effect of the east tunnel portal would be more severe than has been recognised.

5.4.5 The Avenue is an integral element of the monumental phase of the Stonehenge landscape and the main ceremonial route to the Stones, and yet it is severed by the current A303. The opportunity should be taken to reunite this monument with its wider landscape setting, in line with key objectives of the Stonehenge World Heritage Site Management Plan.

5.4.6 The setting of the Winterbourne Stoke barrows, particularly the long barrow adjacent to the crossroads, would deteriorate were the proposed development to proceed. In addition, the extent of Bronze Age settlement and associated landscape features here, which would be affected by the development, has probably been understated.

5.4.7 The construction of a door slab frame in Stonehenge Bottom would have an uncertain impact on buried archaeological remains and prehistoric environmental evidence.

5.5 Ecology

5.5.1 The Habitats Directive places the onus on the Highways Agency to provide 'certainty' that the Scheme would not be detrimental to the cSAC site. The National Trust has requested further information, which it considers has the potential to overcome the National Trust's principal concerns on ecology. However, as matters stand there remains uncertainty in the following respects.

5.5.2 There is uncertainty over the potential impacts to the European designated River Avon cSAC due to inadequacy of hydrological data and interpretation.

5.5.3 There is uncertainty over the potential significance of impacts on ecosystems as a whole due to the failure to appreciate the cumulative effects on a multitude of ecological receptors.

5.5.4 There is uncertainty over the potential impacts on at least one European protected species, Bats, due to lack of adequate consideration of their ecological value and omission of mitigation measures

1. Documents

6.1 The following documents are likely to be referred to by the National Trust in support of its case. This is not intended to be a complete list of documents that the National Trust will rely on at the public inquiry. Nor is it intended to include standard documents that would necessarily be relevant to a major infrastructure proposal in a historic landscape, such as statutory development plans, planning policy guidance notes and similar materials.

6.2 Bibliography