UK: Zyda Law Advises EDF Energy On Habitats Regulations And Secures Planning Permission For Development At Dungeness B Nuclear Power Station

We are pleased to announce that EDF Energy Nuclear Generation Limited (EDF Energy) have been granted planning permission to carry out works to enhance the resilience of the existing shingle ridge to the south of the Dungeness B Nuclear Power Station.  

Acting as planning agents for EDF, we advised on all aspects of the application including the requirements imposed by the Conservation of Habitat and Species Regulations 2010 ('the Habitats Regulations'). To ensure compliance with the regulations, a screening assessment to identify the project's likely impacts upon the internationally designated sites in the locality of the application site was carried out. The designated sites in the local area include the Dungeness, Romney Marsh and Rye Bay Site of Special Scientific Interest (SSSI), Dungeness Special Area of Conservation (SAC), Dungeness to Pett Level SPA, Dungeness, Romney Marsh and Rye Bay Potential Special Protection Area (pSPA) and Dungeness, Romney Marsh and Rye Bay Proposed Ramsar Site (pRamsar).  Following detailed surveys work and consultation with the statutory nature conservation bodies, it was concluded that the works would not result in a likely significant effect on the internationally designated sites and that further assessment was not required.

We also advised in respect of the EIA screening process and secured a decision from the LPA that the proposed works did not constitute EIA development on the basis that the development is not likely to have significant effects on the environment by virtue of factors such as its size, nature or location.

Our role also included carrying out a legal review of the suite of planning application documents prior to submission. These included an Ecological Impact Assessment, a Landscape and Visual Impact Assessment, a Geomorphology Report and a Planning Statement.

The planning permission authorises the placing of rock amour between the station's rear retaining wall at the south of the station and the landward crest of the exiting shingle ridge, extending across the whole frontage of the station and 25 metres beyond to the west and will ensure the station's resilience to a 1 in 10,000 year flood event.

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