Sizewell C opponents to appeal High Court decision

Mariam IssimdarSuffolk
News imageReuters An entrance sign at the Sizewell C construction site. It is a grey sign with blue writing that reads: "Sizewell C, The power of good for Britain".Reuters

Opponents of Sizewell C nuclear power station have submitted an appeal against the High Court's decision to refuse an application for a judicial review of the plant's flood defences.

Together Against Sizewell C (TASC) launched an action in June on the basis the power station could add extra coastal defences which were not outlined in the original planning application, and they would "disrupt nearby protected areas of wildlife".

The group appealed for the judicial review, but it was refused by a High Court judge in December.

At the time, Sizewell C said it was pleased the legal claims had been dismissed.

In a statement on Monday, the pressure group said: "TASC is determined to use every avenue open to us to ensure public scrutiny and environmental assessment of the two additional huge sea defences that Sizewell C have committed to install in an extreme sea level rise scenario."

Development consent for the new plant near Leiston was granted in July 2022 before the government committed £14.2bn towards it last June.

In the approved plans, Sizewell C said the power station would be built on a platform 7m above the current sea level and protected by a "sea defence structure which will be more than 14m above mean sea level".

Chris Wilson, of TASC, said: "It is a scandal if it is deemed legal that a developer, in this case Sizewell C, is allowed to pick and choose which parts of a project it wants to include in its development consent order application."

He added that the developer, EDF Energy, knew "as far back as 2015 that two additional huge sea defences would be needed to keep the site and its 3,900 tonnes of spent fuel safe from flooding in an extreme sea level rise scenario, yet chose not to include them in their 2020 planning application – a classic example of 'salami-slicing'."

Sizewell C said its "sea defence will be adaptable and could be raised in future if sea level rise turns out to be greater than current predictions".

News imageSizewell C A computer-generated image of what Sizewell C nuclear power station could look like. There are multiple buildings, including two with domes.Sizewell C
Sizewell C was granted a nuclear site licence in May

TASC claimed the power station wanted to build two more flood barriers, 9m and 10m high, further inland.

Sizewell C previously declined to comment on the extra details of how the flood defences could be changed.

TASC argued there should be a consultation on the defences, and it approached Energy Secretary Ed Miliband, asking him to revoke or change the development consent order.

That was not accepted, so the group opted for a judicial review and argued that Miliband had breached his obligations and duties.

A Sizewell C spokesperson said previously: "Many thousands of hours have gone into assessing future flood risk at Sizewell, including flood risk arising from climate change, and our plans will ensure the power station is protected, even in extreme scenarios."

In a statement, the Department for Energy Security and Net Zero said:

"We are reversing a legacy of no new nuclear power being delivered to unlock a golden age of nuclear, securing thousands of good, skilled jobs and billions in investment.

"Sizewell C will deliver clean electricity for the equivalent of six million of today's households for at least six decades, and once operational, it could save £2bn a year across the future low-carbon electricity system, resulting in cheaper power for consumers."

News imageTASC A picture showing waves over-topping the grassy dunes in front of the Sizewell C site. TASC
This picture taken in January by TASC shows waves washing over dunes in front of the Sizewell C site

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