EDF Energy, advised by Herbert Smith Freehills, has successfully secured development consent to construct and operate its proposed new nuclear power station in Somerset, Hinkley Point C.
EDF Energy's multi-billion pound project is for a new nuclear power station with two nuclear reactors capable of generating up to 3,260MW of electricity at Hinkley Point C. It will be the first new nuclear power station to be constructed in the UK since 1995.
A Development Consent Order for the project was granted by the Secretary of State for Energy and Climate Change on 19 March 2013. This included consent for associated development necessary to facilitate the construction and operation of the power station.
As the largest and most complicated application to go through the new regime under the Planning Act 2008, it has set a precedent for other energy and infrastructure providers to follow, and has been monitored closely by other project promoters and their advisers. The Secretary of State's decision to grant consent for Hinkley Point C is a major milestone for the future of nuclear energy in the UK.
Herbert Smith Freehills has been advising EDF Energy on its new nuclear plans since 2006. The firm has advised on several unprecedented legal issues in dealing with the new and untested national planning regime for projects of this size. Our role has included advising on a planning agreement committing EDF Energy to a package of measures amounting to approximately £100 million to mitigate the impact of the power station and preparatory works. The planning agreement provides support for local housing, tourism, leisure facilities, transport, economic development, community safety and local ecology schemes.
The grant of development consent represents the culmination of more than seven years' work by EDF Energy and Herbert Smith Freehills.
Herbert Smith Freehills continues to advise EDF Energy on key aspects of the Hinkley Point C project, including in relation to Electricity Market Reform and the Contracts for Difference, shareholder arrangements, the decommissioning and waste management arrangements and major construction contracts.
Planning partner Matthew White and senior associate Catherine Howard led a team of more than 30 advising on the development consent application, including real estate partner Julian Pollock, energy partners Julia Pyke and Mark Newbery, public law partner Nusrat Zar, environmental partner Louise Moore, Of Counsel Molly Smith and associate Charlotte Dyer.
Matthew White commented:
"Hinkley Point C is a nationally significant project which will provide low carbon electricity for five million homes across the UK. The grant of consent represents a fundamental milestone in the project. It has been a phenomenal team effort over a number of years progressing the consenting strategy for a project of this complexity for EDF Energy."
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