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Tue May 21 2024

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Supreme Court backs Sizewell planning permission

6 days The Supreme Court has refused to hear the legal challenge to the Sizewell C development consent order.

Sizwell C is planned for construction on the Suffolk coast
Sizwell C is planned for construction on the Suffolk coast

Together Against Sizewell C Limited (TASC) has been challenging the legality of the development consent order granted to Sizewell C in 2022. TASC lost its initial legal challenge and last December lost its appeal. Undeterred, it took its case to the Supreme Court – and lost again.

TASC applied to the Supreme Court for permission to appeal in January 2024, claiming that the two grounds dismissed by the Court of Appeal raised arguable points of law of general public importance. The secretary of state for energy and Sizewell C Limited (as an interested party) both filed notices of objection.

Having considered the matter on the papers, the Supreme Court has now refused permission because “the application does not raise an arguable point of law”. This decision marks the final determination of TASC’s claim.

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Law firm Herbert Smith Freehills has advised Sizewell C Limited since 2010, having also worked with EDF Energy to secure consent for Sizewell C’s sister project, Hinkley Point C, in 2013.

Catherine Howard, a partner at Herbert Smith Freehills, said: “This is the end of a long road – the original challenge having been filed by Together Against Sizewell C (TASC) in August 2022 in the High Court, and then heard by the Court of Appeal in November 2023 (the challenge being dismissed by both courts).”

Her colleague Charlotte Dyer added: “We are very pleased that the Supreme Court has refused permission to appeal, ending almost two years of ongoing challenge for a project that will play a crucial role in helping the UK to meet its net zero target.”

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