WE ARE GOING TO JUDICIAL REVIEW
Press Release – no embargo
20th January 2023
High Court hearing date set for TASC’s legal challenge to Sizewell C’s development consent order
TASC Deputy Chair Pete Wilkinson advised “TASC are delighted that we now have the date for our judicial review hearing in the High Court. A two-day hearing has been set for Wednesday 22nd and Thursday 23rd March 2023 which will give our legal team the opportunity to present Together Against Sizewell C’s full legal arguments. TASC remain shocked that the Secretary of State went against the considered and reasoned view of the independent Planning Inspectorate and granted development consent in a potentially legally flawed manner. We have real concerns that the environmental impacts of Sizewell C have not been properly assessed and we have every confidence in our legal team to bring this to the Court’s attention.
“TASC has the support of Suffolk Coastal Friends of the Earth and Stop Sizewell C in this vitally important battle for the soul of the Heritage Coast. Like so many other individuals and organisations in the area, they have worked tirelessly to demonstrate the flaws in government’s plans for more nuclear development on this fragile coast and their support for TASC’s legal challenge demonstrates a determination and unity of purpose among opposition groups which strengthens our collective resolve to see off Sizewell C and EDF’s plans to disfigure and ruin this part of Suffolk.”
Rachel Fulcher of Suffolk Coastal Friends of the Earth commented “Our members remain appalled that potential risks to Suffolk’s wildlife and damage to their special habitats have not been taken into account, despite warnings from Natural England.”
Paul Collins of Stop Sizewell C said “The right and proper conclusion to this legal challenge would be that the planning decision by former Business Secretary Kwasi Kwarteng is found to be unlawful. But Sizewell C is also an intensely political project, and we are deeply concerned that the Suffolk Coast could start to be torn up before this concludes, or before a Final Investment Decision that may never be reached. We want assurances from EDF and the government, who now co-own the project, that this won’t happen. Communities are owed that peace of mind after all we have already been put through.”
Pete Wilkinson added “TASC are extremely grateful to all those who have supported our campaign, especially during what are proving to be difficult times for so many.”
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Press Release
27 OCTOBER 2022
TASC is resolute in its quest for environmental justice against Sizewell C’s planning permission by seeking an oral hearing through the judicial review process
TASC has been informed by its legal team, Leigh Day, that the High Court has carried out an initial assessment of its claim for a judicial review to challenge the reckless decision by the then Secretary of State for BEIS (Kwasi Kwarteng) to approve the Sizewell C development consent order, and the court has determined that it should be denied.
TASC has described the High Court’s decision to refuse the TASC application for a judicial review as ‘a predictable and unreasonable response’ to a public examination of the government’s support of the Sizewell nuclear development. Leigh Day have been instructed to use the group’s procedural right to ask for its judicial review claim to be redetermined at an oral hearing in front of a different judge. It does so as the normal course of the judicial procedure and with the support of local NGOs Suffolk Coastal Friends of the Earth and Stop Sizewell C, TASC remain committed to the use of all legal means available to fight what has been dubbed the ‘Sizewell C white elephant’.
TASC’s Chairman, Pete Wilkinson, veteran of many court battles in the past as Director of Greenpeace UK and Greenpeace International, said:
‘This decision is a predictable and wholly unreasonable response given the culture that our hopelessly inept government has created through its policy of attacking nature which its sees as an impediment to economic development. There is a presumption today that judicial reviews should be summarily dismissed rather than being used as a forum in which democracy can be seen to be done when there are legitimate grounds, as in the case of Sizewell C, to indicate that an important decision has been wrongly made.
‘But our resolve is only strengthened by this minor setback. It has made us more determined than ever to use the High Court procedure to seek an oral hearing of our case which we believe is strong and comprehensive: the site is potentially unstable, vulnerable to the impacts of climate change, there is no potable water supply for the development; the cumulative environmental impact will be intolerable, devastating and permanent, flying directly in the face of the government’s 25 year environmental policy, the Environment Act and any transparent attempts to build a ‘greener economy.’
Alison Downes of Stop Sizewell C said:
“With the UK’s parlous financial position and the Chancellor’s warning that ‘eye-wateringly difficult’ decisions will need to be made to save money, here is an easy one – cancel Sizewell C. Renewables and energy efficiency will help us achieve energy security far more cheaply and quickly, and create many thousands of genuinely green jobs in the process.”
Rachel Fulcher, Coordinator of Suffolk Coastal Friends of the Earth, says:
‘We are wholeheartedly behind TASC’s determination to seek an oral hearing in their application for a Judicial Review. Once again, important environmental issues have been side-lined and the advice of both Natural England and the Planning Inspectorate rejected, leaving precious habitats and rare species exposed to risk. This is in contravention of the Habitats Directive. We cannot allow the Secretary of State, nor EDF, to get away with this.’
Leigh Day solicitor Rowan Smith said:
“We are proud to represent TASC in the local community’s continued fight to help protect Suffolk’s heritage coast and wildlife sites. Our client is understandably shocked that the Secretary of State has gone against the considered and reasoned view of the independent Planning Inspectorate and granted development consent in a potentially legally flawed manner. TASC has very real concerns that the environmental impacts of Sizewell C have not been properly assessed. We intend to do all we can to bring this to the Court’s attention.”
Pete Wilkinson added:
‘EDF, the government and all those slavishly supporting nuclear power should take note: we will stop Sizewell C, come what may. With our excellent legal team, we will prevail. We thank all who have supported TASC so far and call on those who are able to redouble their efforts to support us and help us raise the necessary funds to defend our coast from the ravages of EDF and its monstrous plans.’
See TASC’s Crowd funder at CROWD JUSTICE
FOR IMMEDIATE RELEASE
THURSDAY 1 SEPTEMBER 2022
TASC seek legal challenge
Campaigners issue legal challenge against decision to build Sizewell C Nuclear Power Station
A campaign group has issued legal proceedings against the government challenging its decision to allow for the Sizewell C Nuclear Power Station to go ahead against the advice of the planning Examining Authority.
Together Against Sizewell C Limited (TASC) has issued the judicial review proceedings in the High Court following an unsatisfactory response to their pre-action protocol letter sent to Business Secretary Kwasi Kwarteng at the beginning of August.
The Examining Authority (ExA) recommended refusal of development consent, accepting in part TASC’s evidence that the 3.2 gigawatt power station to be built alongside the 27-year-old Sizewell B nuclear plant should not be built in that Suffolk location where the water supply cannot be guaranteed, and the coastline will not be resilient for the entire lifetime of the project. However, Mr Kwarteng rejected the ExA advice and granted consent on 20 July, 2022.
TASC argue in their legal case that the decision to give the go ahead for Sizewell C is unlawful on a number of grounds, including:
- Failure to give lawfully adequate reasons for departing from the advice of Natural England, who were of the view that the water supply element did form part of the Sizewell C project;
- Failure to consider all alternative solutions to the project, including alternatives to nuclear power, given the purpose of the project was to generate electricity and that could potentially be done in a less harmful way;
- Taking into account a legally irrelevant consideration, namely the contribution the project would make to reducing Green House Gas (GHG) emissions, because the electricity grid is supposed to be carbon neutral by 2035 and without a permanent water supply solution there is no guarantee Sizewell C will contribute significantly to that target;
- Acting irrationally by assuming the site would be clear of nuclear material by 2140 when evidence presented to the examination showed that it would be much later;
- Wrongly concluding that the project’s operational emissions would not have a significant effect on the UK’s ability to meet its climate change obligations, because no such assessment was conducted.
TASC is supported in this action by two other opposition groups in the area, Suffolk Coastal Friends of the Earth and Stop Sizewell C.
Pete Wilkinson TASC Chair :
“TASC is delighted to have the support of Friends of the Earth Suffolk Coastal and Stop Sizewell C in this vitally important battle for the soul of the Heritage Coast. Like so many other individuals and organisations in the area, they have worked tirelessly to demonstrate the flaws in government’s plans for more nuclear development on this fragile coast and their support for TASC’s legal challenge demonstrates a determination and unity of purpose among opposition groups which strengthens our collective resolve to see off Sizewell C and EdF’s plans to disfigure and ruin this part of Suffolk.’
Rachel Fulcher, Coordinator of Suffolk Coastal Friends of the Earth, says:
“Our members are bitterly disappointed that the Secretary of State, Kwasi Kwarteng, has approved the application to build Sizewell C, despite the fact that the Infrastructure Planning Inspectorate recommended refusal due to the lack of a secure supply of potable water during operation of the power station. This could have further serious implications for Suffolk’s designated wildlife sites, now under severe threat from the proposed construction works. We wholeheartedly support TASC in making this crucial challenge and will do all we can to help them succeed.”
Paul Collins, Chair of Stop Sizewell C said:
“It’s outrageous that Boris Johnson looks set to ram through committing billions of pounds of taxpayers money on Sizewell C, just as Kwasi Kwarteng rammed through planning consent, ignoring the Planning Inspectorate’s concerns. It’s critical that the planning decision is challenged and Stop Sizewell C is delighted to support the claim filed by TASC.”
Leigh Day solicitor Rowan Smith said:
“Our client is incredibly concerned that the government has ignored the recommendation of the Examining Authority to give the go ahead to Sizewell C. For such a locally and nationally important issue, it was vital that the Secretary of State properly assesses the environmental impacts of the project. However, TASC believes that fundamental legal errors were made, particularly in respect of water, alternatives to nuclear power, local wildlife and climate change. We hope these arguments will now be fully scrutinised by the Court.”
TASC is fundraising towards the costs of the judicial review: https://www.crowdjustice.com/case/save-suffolks-heritage-coast-w/
ENDS
