Legal threats could delay UK's £40bn new nuclear programme

The UK's £40bn new nuclear programme could be seriously delayed by legal opposition from anti-nuclear groups, law firm Eversheds has warned.

The Government is hoping to fast track the new nuclear programme under new planning laws introduced in November last year. The new laws allow Nationally Significant Infrastructure Projects (NSIPs), such as new nuclear power stations, to gain planning permission more quickly, via the new Infrastructure Planning Commission.

However, in a background briefing note, Eversheds warns: "It strikes us that the Government's current assumptions about its nuclear timelines allow inadequate time for the resolution of third party challenges - such challenges should be presumed as a probability, rather than considered as a faint possibility - some (opponents) have made it clear they will challenge the Government every step of the way."

The first wave of objections under the new planning process are expected in April when the Government publishes its list of nominated new nuclear sites. These are expected to be followed by legal challenges when the Government reveals its list of preferred nominated sites this summer.

"Risks of delay and legal challenges are particularly acute here," the note warns. The firm also warns that further delays and legal challenges can be expected in April 2010, when planning permission is sought for the first new nuclear sites.

With a looming energy crisis, the Government is keen to stick to its timetable, which aims to see work begin on the first new nuclear power station by 2013. By 2015, demand for energy could outstrip supply by 23% at peak times, according to a recent study by the consultant Logica CMG