Energy company fails in bid to preserve consent for £1.3bn tidal power plant
Sustainable energy company Tidal Power has failed in its bid to preserve a development consent order allowing it to build a £1.3bn tidal lagoon power plant in Swansea Bay.
The company was given development consent for the project in June 2015 under special rules set out in the Planning Act of 2008 for nationally significant development projects.
The order stated that consent would lapse if the project didn’t “commence” within five years. “Pre-commencement” activities were defined.
Sustainable energy company Tidal Power has failed in its bid to preserve a development consent order allowing it to build a £1.3bn tidal lagoon power plant in Swansea Bay.
The company was given development consent for the project in June 2015 under special rules set out in the Planning Act of 2008 for nationally significant development projects.
The order stated that consent would lapse if the project didn’t “commence” within five years. “Pre-commencement” activities were defined.
According to a ruling handed down today, the company carried out ground investigations and surveys on the site but didn’t complete the pre-commencement criteria. As a result, permission was deemed to have lapsed.
However, at a hearing easier this month, lawyers for Tidal Power argued that development consent had not lapsed. According to the ruling, they argued the 2008 Planning Act stated that planning authorities to set a deadline for development to “begin”.
While they accept that development hadn’t commenced, by carrying out groundworks, it had begun.
However, in today’s ruling, Judge Jarman QC disagreed. He declined to give them an order, saying that development had begun.
The judgment is timely, as last month Swansea Council announced plans to build a tidal lagoon power plant.
The £1.7bn Blue Eden project is being led by Bridgend-based DST Innovations and a number of business partners, with support from Swansea Council and Associated British Ports.
The project is projected to be carried out over 12 years in three phases and will create 320 megawatts of renewable energy from a 9.5km structure.
In addition, the project will include the world’s largest battery facility, a solar power plant, a data centre run on renewable energy, residential waterfront homes for 5,000 people and 150 floating ecohomes.
Tidal Lagoon (Swansea Bay) Plc v (1) Secretary of State for Business Energy and Industrial Strategy – and – (2) Welsh Ministers -and- (3) Council of the City and County of Swansea
High Court (QBD) (Judge Jarman QC) 25 November 2021
