The planning regime for nuclear new build in England and Wales

Produced in partnership with Burges Salmon
Practice notes

The planning regime for nuclear new build in England and Wales

Produced in partnership with Burges Salmon

Practice notes
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STOP PRESS: This Practice Note is currently under review.

This Practice Note focuses on the planning regime for new nuclear build facilities. It covers the policy basis for the consenting of new nuclear plants, the appeal and judicial review processes and the implications for the nuclear planning regime of the UK’s exit from the EU. For information generally about nuclear licensing and regulation, see: Nuclear licensing and regulation—overview. Additional consents, such as licensing from the Office for Nuclear Regulation (ONR), are dealt with in Practice Note: Operating under a nuclear site licence.

Planning policy

Energy National Policy Statements

The government's policy on major infrastructure projects is set out in a series of National Policy Statements (NPSs)—statutory documents published in accordance with the Planning Act 2008 (PA 2008). NPSs provide a framework for the Secretary of State when considering development consent applications for energy infrastructure projects of national significance. Between late 2009 and early 2010, the government published and consulted on six draft NPSs. These included:

  1. an overarching Energy NPS (EN-1) (now withdrawn),

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Jurisdiction(s):
United Kingdom
Key definition:
Judicial review definition
What does Judicial review mean?

Judicial review is the English administrative law practice of the courts reviewing the exercise of powers by public bodies in terms of their effect on an individual.

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