National Trust's legal bid to halt Hinkley Point C is rejected
National Trust has lost its fight to stop a new nuclear power
plant being built near Burnham-On-Sea.
The group, also called An Taisce, contested the legality of a
March 2013 decision by the Energy Secretary to grant development
consent for Hinkley Point C, which is around 150 miles from Ireland.
Its lawyers said there was a failure to undertake ''transboundary
consultation'' with the Irish people beforehand, as required by
the European Commission's environmental impact assessment directive.
a recent judicial review hearing in London before three appeal
judges, counsel David Wolfe QC said the court was required to
consider the meaning and application of Article 7 of the directive
and, especially, the way in which the Secretary of State had dealt
with the possibility of significant nuclear accidents.
The government argued that transboundary consultation was not
necessary because nuclear accidents were not sufficiently likely
due to the robustness of the UK regulatory regime.
Mr Wolfe told Lord Justice Longmore, Lord Justice Sullivan and
Lady Justice Gloster that the case turned on issues of European
Union law on which the court was not going to be able to give
a definitive view and the appropriate course was a reference to
the Court of Justice of the European Union (CJEU).
But on Friday (August 1st) Lady Justice Gloster, announcing the
court's decision, said: "This application for judicial review
is dismissed and reference to the CJEU is not necessary."