TASC’s new legal challenge against Sizewell C’s secret flood defences

by Together Against Sizewell C (TASC)

TASC’s new legal challenge against Sizewell C’s secret flood defences

by Together Against Sizewell C (TASC)
Together Against Sizewell C (TASC)
Case Owner
Together Against Sizewell C (TASC) is a community-based group of like-minded individuals who have been actively campaigning on a voluntary basis, since 2013, to stop the Sizewell C project.
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Together Against Sizewell C (TASC)
Case Owner
Together Against Sizewell C (TASC) is a community-based group of like-minded individuals who have been actively campaigning on a voluntary basis, since 2013, to stop the Sizewell C project.

Latest: July 23, 2025

Sizewell C update on High Court application & FID announcement

TASC are still waiting to hear from the High Court as to whether we have been granted permission for a judicial review hearing – TASC submitted the formal application to the court two months ag…

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Together Against Sizewell C (TASC) is a community-based group of like-minded individuals who have been actively campaigning on a voluntary basis, since 2013, to stop the Sizewell C project.

TASC urgently need your help in our battle against the environmentally damaging Sizewell C project. We have discovered that the project now includes a stated commitment by Sizewell C Ltd to the Office for Nuclear Regulation (ONR) to install additional sea defences in a 'credible maximum' climate change scenario. These defences in the form of two huge 10 metre high ‘overland flood barriers’ were not included in the approved DCO project. In our opinion, these flood barriers, if installed, will likely have additional adverse impacts on the neighbouring designated wildlife sites including RSPB Minsmere as well as the Heritage Coast and Suffolk Coast & Heaths National Landscape. We need to ensure that the original promotor EDF and the now UK government controlled Sizewell C Ltd are not allowed to use climate change uncertainties as an excuse to delay assessment and avoid public scrutiny of these additional structures for decades. The full impact of the whole project should be assessed now.

Above picture taken from ONR’s External Hazards Proportionate Reassessment report May 2024 which first drew TASC’s attention to the overland flood barriers.

There is very little detail about the barriers, but it appears from the above diagram that, if needed:-

The Southern barrier stretches for nearly 500 metres from the Sizewell A site, across the Sizewell Gap to the start of the cliffs running south to Thorpeness, sited on land not in Sizewell C’s ownership.

The Northern barrier potentially stretches from the north of the Sizewell C site, through the SSSI, then inland over Goose Hill for up to a kilometre.

Together with our lawyers, Leigh Day, we have sought the High Court’s permission to apply for judicial review of the decision of the Secretary of State to refuse TASC’s request to revoke or vary the Sizewell C DCO. The grounds for our legal challenge are set out in Leigh Day’s press release.

To cover our legal costs to get to a High Court hearing, TASC urgently needs to raise £20,000. We are extremely grateful to all those  who are able to contribute and/or share details of our fundraiser with others.

How we got here

From documents obtained under a Freedom of Information (FOI) request, TASC found out that EDF knew as far back as 2017 that their chosen nuclear platform height of 7.3m AOD would, along with the adapted sea wall on the eastern flank of the site, require two 10-metre high ‘overland flood barriers’. These will be needed to prevent the nuclear platform from flooding from the west in the event that sea level rise reaches a ‘credible maximum’ scenario. This will lead to a major breach of the low-lying coast to the north of Sizewell C and south of the Sizewell nuclear cluster. However, while EDF rightly included the adaptive design of the eastern sea defences in their DCO application documents, they did not include the southern and northern overland flood barriers in the DCO application, thereby avoiding any public scrutiny. As a result there is no commitment in the approved DCO to install these additional sea defences. This is despite there being a requirement to keep the nuclear site safe for its full lifetime from climate change impacts in a credible maximum scenario i.e. to, at least, 2160 while spent nuclear fuel is stored on site.   

TASC’s aim is to ensure that the overland flood barriers, not included by EDF in the DCO application, now form part of the overall project. Therefore we need the Secretary of State to either revoke or change the DCO, in order that a lawful assessment of the potential environmental impacts of the entire project is carried out and subject to public scrutiny. 

This is important because the project may be grossly underestimating the potential environmental impact, flood risk and sea-defence costs. This, if unaddressed, could be a major burden on future and far future generations who may be impacted by severe, non-reversible environmental, ecological and human impacts combined with an extreme financial liability if Sizewell C were to flood.


Further background for those that want to know more

The Sizewell C project, originally promoted by EDF, is to build twin EPR nuclear reactors close to the North Sea at Sizewell, Suffolk, one of the fastest eroding coastlines in Europe. The site is in the heart of Suffolk Coast & Heaths National Landscape, largely surrounded by designated wildlife sites including RSPB Minsmere and will be partially built on Sizewell Marshes SSSI.

In 2021, Prof Paul Dorfman’s report stated “…any adaptation efforts to mitigate annual flooding (projected to almost entirely surround the proposed EDF Sizewell C EPR nuclear island by 2050) will inevitably entail significantly increased expense for construction, operation, spent nuclear fuel management, rad-waste storage and eventual decommissioning”. 

In line with the ONR’s preference, Hinkley Point C is a ‘dry site’ i.e. its platform height at 14 metres AOD is of sufficient height to prevent it from flooding. However, Sizewell C with a platform height of 7.3m AOD, is a ‘protected site’ which means that Sizewell C must at all times demonstrate that the site can be protected against flooding for its full lifetime by use of permanent external barriers such as levees, sea walls and bulkheads’. Once Sizewell C is constructed with a 7.3m AOD platform height, the platform cannot be raised at a later date. The overland flood barriers need to be assessed now so alternatives can be considered e.g. raising the platform height.

Sizewell C was given DCO approval in July 2022 against the recommendation of the five professional planning inspectors. In TASC’s view, the impacts from the overland flood barriers, if they had been assessed during the DCO examination, may well have resulted in planning permission being refused. In any event, our case argues that the Secretary of State’s ‘Habitats Regulation Assessment’ has not considered the environmental impacts of the full project or alternatives, something that is a lawful requirement. 

Documentation published by the ONR supporting their grant of Sizewell C’s nuclear site licence in May 2024, has revealed that, in TASC's opinion, there are now two materially different projects, the one in the DCO approved by Kwasi Kwarteng, and the one still being considered by the ONR as part of the ‘site safety case’. It was an FOI request to the ONR in late 2024 that provided the documentation from 2017 that shows the project requires the adaptive flood protection in the form of the overland flood barriers in a credible maximum climate change scenario.

The Sizewell C site will be storing up to 4,000 tonnes of spent nuclear fuel on this vulnerable coastline until the late 2100s. The precautionary principle should surely apply so resilience, potential risks and impacts are assessed on a worst case basis and that should be done now. Sizewell C Ltd seem to believe they can do as they see fit with our Heritage Coast, National Landscape and designated wildlife sites irrespective of the damage they will cause.

In an attempt to resolve our concerns, on 6th March 2025 TASC wrote to Secretary of State, Ed Miliband calling on him to make a decision on whether the material change to the Sizewell C project highlighted by TASC, namely the commitment to install ‘overland flood barriers’, ‘amounts to exceptional circumstances that make it appropriate for him to exercise his power to change or revoke the DCO’.

The Energy Minister, on behalf of the Secretary of State, replied on 28th March 2025, refusing TASC’s request to vary or revoke the DCO. As TASC consider this matter to be of great importance, we have been left with no alternative but to challenge the Secretary of State’s decision through the courts.


Aerial view May 2025, of Sizewell C’s main development site where 22,000 trees have been felled

Those that live in the Sizewell area or know it well are only too aware that Sizewell C has already caused extensive environmental damage prior to a final investment decision by the government  – sadly, Suffolk now has its own version of HS2! The UK government currently own 88% of Sizewell C with EDF owning the remaining share. To date, £6.4 billion of UK public funds have been committed  to the project. In our view, the lack of an assessment of the full project needs to be resolved before the government makes a FID which would involve committing further billions of public funds to Sizewell C.

To those, such as Keir Starmer, who like to use inflammatory language to call us ‘NIMBYs and blockers’, we say that we would not be in this situation if the developer had been open and transparent by including the overland flood barriers in the DCO application. In addition, this action may have been avoided if our concerns about this matter had been fully addressed when previously raised with the Dept. for Energy Security and Net Zero.

Thank you so much to all those supporting our campaign.

(Note: hyperlinks to supporting documentation are provided in the list of Annexes in the above referenced letter of 6th March 2025 to Ed Miliband)

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Update 2

Together Against Sizewell C (TASC)

July 23, 2025

Sizewell C update on High Court application & FID announcement

TASC are still waiting to hear from the High Court as to whether we have been granted permission for a judicial review hearing – TASC submitted the formal application to the court two months ago and then one month later filed our response to the ‘Grounds of Resistance’ that had been submitted by the Secretary of State for DESNZ and Sizewell C Ltd.


You are no doubt aware of yesterday’s appalling news that the government has made a final investment decision (FID) on Sizewell C and revealed the latest estimate for the cost of building the plant as £38bn {2024 prices]. Government has now confirmed what we have all known for years - that the cost of building Sizewell C will be far higher than the £20bn they and Sizewell C Ltd have been claiming for the last 5 years - so, it is not just the additional sea defences that EDF and Sizewell C Ltd have chosen to keep secret! One wonders what else they are keeping hidden.


Now there has been a formal financial commitment to Sizewell C, it is imperative that our legal claim is heard by the court because the full environmental impact of the project has not been assessed nor have alternatives, such as raising the platform height (negating the need for additional flood defences), been considered and given public scrutiny. Future generations are relying on us to get this right. 


The Sizewell C FID establishes the project’s ownership as: UK Government 44.9%; Canadian pension fund, La Caisse 20%; Centrica 15%; EDF 12.5% and Amber Infrastructure 7.6%.


In order to get this risky project over the line, this government has chosen to burden the UK public with paying the Sizewell C construction tax (Regulated Asset Base funding model) - expected to be added to our electricity bills over the next few weeks - and take on the risk of cost and time overruns. This decision prioritises big business and props up French state owned EDF and their ailing nuclear industry, rather than more deserving causes in the UK.


An example of the high returns that investors are expected to make at our expense was reported in the Financial Times, "Centrica said it still expected to make 10-12% returns even if the project comes in at £47bn. If costs climb above £47bn, investors have no obligation to inject more equity."


Many supporting documents have been published by government so, we are anticipating that further details regarding the substance of the government arguments in favour of Sizewell C will be revealed as we scrutinise these reports over the coming days. The value for money assessment, para 14, includes justification for Sizewell C, stating, “The Net Present Social Value (NPSV) has been calculated by comparing the cost of the electricity system with and without SZC. It includes costs that have already been incurred by the project…” In TASC’s opinion, this sort of argument is straight out of the HS2 playbook – the reckless decision to throw billions of taxpayer funds at Sizewell C before a FID has been used to justify continuing with the project.


TASC issued the following press statement following the FID announcement:-

Following Ed Miliband’s statement that a final investment decision has been made regarding the Sizewell C nuclear plant, Together Against Sizewell C (TASC) Chair, Jenny Kirtley, said,

“This decision is a financial and environmental disaster for the UK and a betrayal of future generations. We are in a climate crisis that needs immediate action, yet this government has chosen to squander billions of public funds on a project that will not be operational until the late 2030s and has already seen a staggering 90% uplift in cost over the last 5 years. At nearly double the original £20bn price tag, a figure still being touted by joint managing director Julia Pyke until recently, how can anyone believe that £38bn Sizewell C will provide ‘value for money’ for consumers and taxpayers. The scale of potential exposure of public funds to the Sizewell C project is revealed as a staggering £54.589 billion in the government’s FID subsidy scheme (see note 1). 

“So much for claims made by EDF and government that there would be huge cost savings from ‘lessons learned’ from the Hinkley Point C build. In TASC’s view, the cost of this risky project can only increase as there are still many unresolved issues, including the recently revealed hidden sea defences which were not included by EDF in the 2020 DCO planning application even though EDF knew they would be needed in 2017 (see note 2). Future generations will have the responsibility to protect the Sizewell C site until the late 2100s and are depending on us to get it right.”

Notes:

1. https://searchforuksubsidies.beis.gov.uk/scheme/?scheme=SC11357

2. Leigh Day’s press release regarding TASC’s legal challenge about Sizewell C’s secret sea defences.


TASC are extremely grateful for your continued support, it is much appreciated.

Update 1

Together Against Sizewell C (TASC)

June 29, 2025

Sizewell C’s secret flood defences - an update

Further to the start of this Crowdfunder, quite a lot has happened in relation to Sizewell C


You are probably aware that, irrespective of previous government statements, a final investment decision (FID) for Sizewell C was not made during Rachel Reeves' spending review on 11th June.. Instead, on 10th June there was yet another announcement advising that the project was ‘going ahead’, with this government promising to splurge a further £14.2 billion of public funds on Sizewell C, over the term of the current parliamentary period to 2029, this including the £2.7 billion previously announced for the 2025/26 financial year. Noticeably, as there was no FID uncertainty remains with suggestions that FID will happen at the Anglo-French conference on 8th July. Despite this uncertainty, the project continues to progress by stealth.


However, on Friday 27th June, media reports about the possibility of Centrica taking a 15% stake in Sizewell C stated, “All sides are keen to reach a final investment decision on the project before parliament's recess on July 21.”  Centrica have said they would only invest if the returns were good enough and financial exposure is capped so in our view if they do take a stake in Sizewell C, the UK taxpayer and consumer will have been sacrificed by this government to take on project risk, higher electricity bills and other unforeseen costs. But it’s not just the current generation that will suffer from Sizewell C. Future generations will be responsible for keeping the site safe for its full lifetime, to 2160, including the potential construction of two huge additional sea walls, the impacts of which have not been assessed because this government is choosing to keep them hidden from public scrutiny. This is despite the British public effectively owning Sizewell C through the government’s 88% stake in the project. The government’s failure to address our concerns left TASC with no alternative but to initiate legal action against them, details of which are set out in the press release from our lawyers, Leigh Day


This government is clearly determined to push on with Sizewell C regardless. It is imperative TASC’s new legal challenge gets a court hearing, whether there is a FID or not, to ensure consideration is given to Sizewell C’s planning permission being either revoked or varied to allow public scrutiny and assessment of the additional sea defences, their impacts and alternatives, such as raising the platform height (a higher platform height could negate the need for the additional sea defences). Without this, the Sizewell C project cannot show it conforms with National Policy Statements which require projects to demonstrate resilience to extreme climate change impacts.

    

TASC is extremely grateful to all who are able to donate to, and/or share details of, this important new fundraiser.


P.S. Following the government’s U-turns on winter fuel allowance and cuts to disability benefits through their welfare reforms, we wait to see how Keir Starmer now justifies the funding of Sizewell C following his message on X (twitter) on 11th June.




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