Nuclear: From vision to fission

Impact of the Roadmap

The ‘Roadmap’ outlines the possibility of a new power station capable of powering 6 million homes, as well as the development of numerous small modular reactors (“SMR”). SMRs can be constructed in factories far cheaper and quicker than conventional reactors, and consequently have the potential to transform the face of nuclear development. Large scale investment is also proposed into the production of uranium-based fuel used to power high tech nuclear reactors (currently only commercially available in Russia). If pursued, the UK would be the first European country to launch such a programme. 

A new National Planning Statement for a modern nuclear sector 

A consultation was published alongside the ‘Roadmap’, focusing on the policy approach for the siting of new nuclear power stations.  It’s intended that this consultation will feed into a new National Policy Statement (“NPS”) for nuclear development (“EN-7”). Currently, the consultation is concerned with the general policy approach with a further formal consultation on the draft EN-7 projected for Autumn 2024, and publication of the final EN-7 expected a year later. 

There is a legal requirement for decisions on nationally significant infrastructure (NSIP) to be taken in accordance with applicable NPSs. Accordingly EN-7, once adopted, will play a critical role in shaping new nuclear development in England & Wales (including consenting of SMRs). 

Given the Government’s ambitious nuclear goals, it comes as no surprise that the proposals set out in the consultation seek greater flexibility for promoters in identifying suitable sites for, and generally serve to encourage, nuclear development. In order to facilitate this, the following key changes will likely be reflected in EN-7: 

• An end to ‘designated sites’ – Rather than relying solely on the 8 designated sites set out in the existing Nuclear NPS (“EN-6”), EN-7 would set out criteria to be used by developers in assessing the suitability of a site for nuclear development (save that development will be constrained in inappropriate areas). The proposed assessment criteria are similar to the strategic criteria set out in EN-6 (encompassing nuclear safety and security considerations, environmental impacts and operational requirements).  
  
• Removal of the deployment time limit – Contrary to the approach in EN-6 (which applies to nuclear development up to 2025 only), EN-7 will do away with ‘sunset’ provisions in the interest of embedding nuclear planning in a manner that supports the UK’s long-term ambitions. 
  
• Broadening the scope of the nuclear NSIP policy and legal regime  – Once adopted, EN-7, will apply not only to GW scale nuclear projects like Hinkley Point and Sizewell, but also to SMR developments and other applications for nuclear generating projects in England and Wales. Advanced Modular Reactors (which generate both heat and power) will also be included within the scope of EN-7. Changes to the Planning Act 2008 are proposed so that heat-only and synthetic fuel-only nuclear reactors would also be treated as “nationally significant” infrastructure. 
  
• Aligning the status of nuclear development with wider energy NSIP policy – EN-7 will also account for nuclear energy now being considered a ‘critical national priority’ under the recently designated National Policy Statement EN-1 (the overarching energy NPS). In practice, this designation carries with it an enhanced presumption in favour of granting consent to low carbon NSIPs. 

These ground-breaking proposals represent the biggest expansion to the nuclear sector in 70 years and could serve to protect the country from price volatility in the energy market and bolster the UK’s energy independence.  The Government’s clear support of the nuclear sector also presents an excellent opportunity for investors and developers to step into this largely untapped development market, including promoting new (and potentially more speedy and cost efficient) SMR development. 

The Government’s consultation regarding EN-7 closes on 10 March 2024.