Nuclear Power Generation National Policy Statement
Produced in partnership with Burges Salmon
Nuclear Power Generation National Policy Statement

The following Energy practice note Produced in partnership with Burges Salmon provides comprehensive and up to date legal information covering:

  • Nuclear Power Generation National Policy Statement
  • Energy National Policy Statement
  • NPS consultation
  • Greenpeace challenge
  • Role of the NPS in the planning system
  • Relationship with EN-1
  • Infrastructure covered by the NPS
  • Geographical coverage
  • Period of validity and review
  • Appraisal of sustainability
  • More...

Energy National Policy Statement

NPS consultation

National Policy Statements (NPSs) are statutory documents published in accordance with the Planning Act 2008, which set out the government's policy on major infrastructure projects. Between late 2009 and early 2010, the government published and consulted on six draft NPSs, which were designed to provide a framework for the Secretary of State (formerly the Infrastructure Planning Commission) when considering development consent applications for energy infrastructure projects of national significance.

Among the documents published were:

  1. an overarching Energy NPS (EN-1), and

  2. an NPS that sets out specific issues in relation to applications for development consent orders for new nuclear power stations (EN-6)

The NPS documents were subjected to Parliamentary scrutiny and the government consolidated the consultation responses. Final versions of EN-1 and EN-6 were published in July 2011.

See Practice Notes: National Policy Statements, Planning policy in England, Permission for nationally significant infrastructure projects, Energy installations—consent under section 36 of the Electricity Act 1989 and Application procedure for nationally significant infrastructure projects.

Greenpeace challenge

In August 2011 Greenpeace challenged EN-6 by way of judicial review on the basis that the document failed to account for specialist advice on the implications for the UK’s nuclear industry of the events at Fukushima in Japan. In particular, Greenpeace argued that several of the sites identified in EN-6 were susceptible to flooding and that the government had failed to properly

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