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It’s actually quite simple. It boils down to the fact that the Minister, Mr. Shapps concluded that the level of harm would not be substantial and would be outweighed by the public benefit, If the Judge disagrees with that he’ll rule that Mr Shapps acted unlawfully in approving the scheme!
On that basis perhaps we should all be heartened for in two respects at least the Judge will find it impossible to accept the Government’s claim that harm is outweighed by benefits:
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There will be a massive amount of knowledge destroyed which posterity, with infinitely better techniques, would have been able to gain. So that loss is inarguable and irreversible.
As (no doubt) a frequent traveller along the A303 he’ll know personally that the loss of a view of Stonehenge for himself, his children, grandchildren and posterity IS substantial harm and again that loss is inarguable and irreversible.
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