A request for a judicial review of a decision relating to the proposed new nuclear power station at Hinkley Point in Somerset by cellophane company Innovia is a practically pointless exercise, but will be a useful test case for the definition of 'dwellings' says infrastructure planning lawyer Angus Walker of Bircham Dyson Bell. Innovia are challenging the decision of the Infrastructure Planning Commission to grant access to its (Innovia's) land by EDF Energy to survey it, in advance of EDF Energy submitting the main application for the power station."
"The challenge is rather like closing the stable door once the horse has bolted - since the surveys have already been carried out," explains Angus Walker.
"But it does provide one interesting test point: what constitutes 'dwellings'. EDF Energy are proposing to build temporary accommodation for up to 1,000 workers on Innovia's land while the new generators are built. 'Dwellings', however, cannot be part of an IPC application for major infrastructure such as a nuclear power station. The key question is therefore whether temporary accommodation counts as 'dwellings' or not.
"If it is decided on this point, the case would clear up the issue and allow EDF and other project promoters to include workers' accommodation in their applications to the IPC with more confidence. Thus ironically this case could help rather than hinder the UK's nuclear programme."
To hear Angus Walker talk about this subject on BBC Somerset Breakfast radio with Matt Faulkner click here. The item starts at 1 hour 36 mins and ends at around 1 hour 40. (Please note this will only be available to listen to until 9:02AM Thu, 28 Jul 2011)
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