Campaigners lose high court challenge against Sizewell C nuclear plant approval
It's planned for the Suffolk coast
Last updated 22nd Jun 2023
Campaigners have lost a High Court challenge against the Government's decision to approve the Sizewell C nuclear power plant.
Protest group Together Against Sizewell C launched a bid to challenge development consent granted for the multibillion-pound project in Suffolk by then business secretary Kwasi Kwarteng in July 2022.
At a hearing in March, lawyers for the group of local residents argued the Government failed to assess possible environmental impacts, including the impact of providing an "essential" water supply to the project.
They also said the Government did not consider "alternative solutions" to meeting its energy and climate change objectives.
The Government, supporting the project with a £700 million stake, argued it made "legitimate planning judgments" and that the campaigners' bid was "unarguable".
In a 47-page ruling on Thursday, Mr Justice Holgate dismissed the challenge, adding that several parts were "totally without merit".
The judge said there was "nothing artificial or unlawfully limiting" about a policy aimed at providing a mix of solar, wind and nuclear power.
He added: "The claimant's argument depends upon an illegitimate attempt to rewrite the Government's policy aims by pretending that the central policy objective is at a higher level of abstraction, namely to produce clean energy, without any regard to diversity of energy sources and security of supply.
"But it is not the role of a claimant, or of the court, to rewrite government policy, or to airbrush objectives of that policy which are plainly of 'central' or 'core' or 'essential' importance."
Mr Justice Holgate also found that the Government's approach to the water supply, which would be dealt with under a separate process, was lawful.
French energy giant EDF, due to develop the project, previously said Sizewell C is expected to generate low-carbon electricity to supply six million homes.
Ministers previously said the project would create 10,000 highly skilled jobs, with its go-ahead being welcomed by unions and the nuclear industry.
During the two-day hearing in London, lawyers for the campaigners also argued the Government irrationally concluded the power station site would be clear of nuclear material by 2140, when rising sea levels and storm surges could flood the site before it has been decontaminated.
However, Mr Justice Holgate said: "It is obvious that the issue of how far into the next century spent fuel will need to remain at Sizewell C is subject to uncertainty...On any fair reading of the panel's report and the decision letter, that uncertainty was recognised."
Following the unsuccessful challenge, Together Against Sizewell C was ordered to pay £10,000 towards the Department for Energy Security and Net Zero's costs.
Following the judgement, TASC issued this response.
TASC Chairperson, Jenny Kirtley, said ‘Naturally, TASC is disappointed, but this verdict does not signal the end of our efforts. Together with our lawyers we are examining all possible options open to us and can promise our supporters that in one form or another, this campaign will continue.
"The Suffolk Heritage Coast cannot be sacrificed for such an unnecessary and inappropriate development, and we will examine every avenue of opposition until all are exhausted’.
‘TASC are extremely grateful for the high level of support we have experienced over a sustained period of years from so many individuals and NGOs.
"Special thanks go to our legal team made up of Rowan Smith and Julia Erikson at Leigh Day and barristers David Wolfe KC (at Matrix chambers) and Dr Ashley Bowes and Ruchi Parekh (at Cornerstone chambers) all of whom have worked tirelessly to bring this challenge and who have constructed our case with care, skill and professionalism which will stand us in good stead for the next phase in our campaign.’
Rachel Fulcher from Suffolk Coastal Friends of the Earth said “Despite our disappointment, Suffolk Coastal Friends of the Earth will continue to support TASC wholeheartedly in deciding what the next steps should be. Meanwhile we will continue to focus on saving what we can of East Suffolk's precious wildlife and our beautiful Heritage Coast.”
Paul Collins, Chairman of Stop Sizewell C said "Despite this outcome, Sizewell C is still the wrong project in the wrong place. With investors already wary of Sizewell C's cost and risk, the government should cut its losses, focus on energy efficiency, renewables and storage, and make sure the protected habitats of East Suffolk are safe forever."
TASC’s solicitor, Rowan Smith from Leigh Day, said “Our client is clearly disappointed with the result. We are currently advising on an appeal.”