Sizewell opponents apply to Supreme Court as government commits £1bn

The planned nuclear Sizewell C nuclear plant is expected to cost about £20bn

Opponents of the Sizewell C nuclear power plant are applying to the Supreme Court for the right to appeal against the dismissal of their legal challenge.

On Monday, the government announced an additional £1.3bn to support the construction of the project in Suffolk.

A legal challenge, centred around the supply of water for the plant, was rejected by the Court of Appeal in December.

The Department of Energy said it would defend any further appeals.

Sizewell C has said the plant will play a "crucial role" in fighting climate change.

Anti-nuclear campaign groups Together Against Sizewell C, Stop Sizewell C, and Suffolk Coastal Friends of the Earth, said they were mounting a fresh legal bid due to "ministers greenlighting deeply flawed Sizewell C, despite no identified operational water supply, no acceptable design of sea defences necessary to keep the site safe for 100-plus years, ignoring warnings of climate change related extreme weather events and the need to build resilient and sustainable infrastructure".

The project, partly funded by the French state-owned energy company EDF, is expected to cost in the region of £20bn.

The site for Sizewell C is next to the existing Sizewell A (which is being decommissioned) and B (still operational) nuclear plants on the Suffolk coast, just south or RSPB Minsmere

EDF wants to build a two-reactor nuclear power station that would generate 3.2 gigawatts (GW) of electricity - enough to provide 7% of the UK's needs and supplying six million homes for 60 years.

In September, the government, Sizewell C and EDF launched a bid for further private investment in the plant.

The newly-announced £1.3bn has been made available from existing budgets, but freshly earmarked for the Sizewell C project, which planners says will create thousands of jobs and take about nine years to build.

Nuclear Minister Andrew Bowie said: "This investment injection means we can steam ahead with work on Sizewell C ahead of the final investment decision targeted later this year."

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Building permission was granted in July 2022 with a number of conditions set, which developers said had now been met.

Sizewell C developers previously said it would use energy created at the neighbouring operational nuclear power station Sizewell B to run a desalination plant while construction took place.

However, a permanent water supply had not been arranged yet.

Solicitor Rowan Smith, for the campaigners, said: "Our client is arguing that without a permanent water supply, Sizewell C cannot operate, so the environmental impacts of sourcing that water needed to be assessed before development consent was given.

"The failure to do so was made even worse... given Suffolk is in drought and has vulnerable habitats, which need to be protected."

A Sizewell C spokesperson said: "This case has already been dismissed three times, twice by the High Court and once by the Court of Appeal in December of last year.

"Sizewell C will play a crucial role in building energy security, lowering bills and fighting climate change. It has strong support in East Suffolk and we look forward to making sure it has a lasting positive impact on local communities."

A Department for Energy Security and Net Zero spokesperson said:"The Secretary of State granted development consent for the Sizewell C Nuclear Power Station on 20 July 2022, having considered all relevant information.

"We are pleased the Court of Appeal deemed the decision lawful and will vigorously defend any further appeals."