North Yorkshire Drax power station approval 'was unlawful'

Drax said the power station "plays a vital role in the UK's energy system"

A government decision to approve a new gas-fired power plant was unlawful, a judge has heard.

Consent was given in October last year to build two gas generation units and two battery storage units at the existing Drax power station near Selby, North Yorkshire.

Environmental charity ClientEarth is challenging the decision in the High Court claiming it did not take enough account of environmental targets.

The judge's ruling is expected later.

Lawyers for ClientEarth argued the Department for Business, Energy and Industrial (BEIS) "misinterpreted and misapplied" the Planning Act 2008 and failed to fully consider the 2050 net zero emissions target - which was passed into law by the government in June.

Gregory Jones QC, for the charity, said: "The defendant unlawfully failed to have full regard to a material consideration - the development's impact on achieving the net zero target, particularly through its potential operation post-2050."

Mr Jones said the department also "misinterpreted" a national policy statement on the assessment of the need for the development.

Overall, he submitted the approval for the development was "unlawful and must be quashed".

Andrew Tait QC, for the government, argued ClientEarth's challenge was flawed and should be rejected.

The barrister also said BEIS's decision letter had set out a "rational and reasoned basis for granting consent for the Drax Power project".

A panel had previously assessed Drax's application, and its report in July last year recommended consent for the scheme be withheld.

However, the Government rejected the panel's analysis and gave the go-ahead for the project.

The case is due to continue until Wednesday and Mr Justice Holgate, hearing the case, is expected to give his ruling at a later date.

A Drax spokesman said: "Drax Power Station plays a vital role in the UK's energy system, generating reliable, flexible electricity for millions of homes and businesses.

"Whilst the judicial review is ongoing it would be inappropriate for us to comment on the specifics of the case."