Jurisdiction(s):
United Kingdom

Sizewell C DCO: Court of Appeal upholds staged Habitats Regulations appropriate assessment; permanent water supply a separate project; no cumulative assessment required (England and Wales)

Published on: 27 February 2024

Published by a LexisNexis Planning expert

Legal News

Article summary

R (on the application of Together Against Sizewell C Ltd) v Secretary of State for Energy Security and Net Zero and another company [2023] EWCA Civ 1517

What are the practical implications of this case?

This ruling is notable in light of the pressing requirement for additional nuclear generating capacity highlighted in the energy national policy statements, alongside EN-6’s identification of Sizewell C as a potentially suitable location for new nuclear development. The judgment’s treatment of how utilities infrastructure necessary for a major project should be evaluated has wider significance beyond this scheme.

The court rejected the appellant’s stance that utilities infrastructure must be incorporated within the development itself, finding that approach could induce a ‘sclerosis in the planning system’. Decision-making on the main scheme would then be held up pending a utility provider’s choice of preferred method of supplying water, electricity, gas or sewerage, thereby risking delay.

It was further held that the environmental effects of any future utilities infrastructure could properly be considered through the separate consenting route for that infrastructure, together with any distinct regulatory processes applicable to the utility in question...

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