Campaigners pursue another legal challenge over Sizewell C as Chancellor gives project green light

Campaign group Together Against Sizewell C (TASC) has filed a claim for judicial review over plans for additional coastal flood defences, which it said were omitted from the original planning application and could damage local wildlife.

TASC said construction of the additional barriers could disrupt nearby protected areas and that less invasive flood defence options were not pursued.

The group said an April 2024 report by the Office for Nuclear Regulation said the original defences planned would not protect Sizewell C in a worst-case scenario of flooding and so two more barriers of 9.0 and 10.0 metres high were needed.

TASC’s grounds for seeking judicial review are that Secretary of State for Energy and Net Zero Ed Miliband was in breach of his obligations under the Habitats Regulations Act 2017 when refusing TASC’s request to review the development consent ordered, and that he misdirected himself in law in the wording of the response to TASC’s request.

It also argued that the minister breached his duty of inquiry in his refusal of TASC’s request and that the decision to refuse TASC’s request to vary or revoke the development consent order was irrational.

Solicitor Rowan Smith, of law firm Leigh Day, who represents TASC, said: “The revelation that further flood defences at Sizewell C have been contemplated, that these could harm local wildlife, and that less environmentally invasive options were not explored, is a cause of concern for our client.

“We are arguing that the plans for the additional flood barriers have evaded the necessary environmental assessments, and our client is calling on the Secretary of State to, at the least, review the development consent order for Sizewell C.”

TASC has so far raised almost £3,000 for the legal case from a Crowd Justice page.

The Government said construction of Sizewell C would see 10,000 jobs created and the equivalent of around 6m homes could be powered with energy from the installation.

Ed Miliband said: “We will not accept the status quo of failing to invest in the future and energy insecurity for our country.

“We need new nuclear to deliver a golden age of clean energy abundance, because that is the only way to protect family finances, take back control of our energy, and tackle the climate crisis. 

“This is the government’s clean energy mission in action - investing in lower bills and good jobs for energy security.”

Mark Smulian