Appeal granted over 'net zero' power plant

The Court of Appeal will hear a case being brought against a decision to build a new power station.

Environmental consultant Dr Andrew Boswell lost a High Court challenge against the Net Zero Teesside Project in August.

He argued the Department for Energy Security and Net Zero (DESNZ) had failed to adequately explain how the power plant, at the Teesworks site near Redcar, would help deliver the government's net zero goal.

Mrs Justice Lieven dismissed his case, concluding there was "no logical flaw in the reasoning" set out by ministers, but Dr Boswell has been granted permission to appeal.

Teesworks said the power station, which is being developed by partners BP and Equinor, could generate up to 860 megawatts of low carbon electricity.

But in July, Mr Boswell's lawyers argued that ministers had not given "legally adequate reasons" for backing the project, despite recognising its emissions would have "significant adverse effects".

Catherine Dobson, for Mr Boswell, said in written arguments the consultant had exposed "a large double-counting error" over the calculations of the greenhouse gases the station may emit.

She said the final assessment, that it may contribute more than 20 million tonnes of "carbon dioxide equivalent" into the atmosphere over its lifetime, was "significantly greater" than previous calculations.

The barrister argued there was "a demonstrable flaw in the reasoning" which led to the development consent decision and the previous government took an unlawful approach when assessing the need for the project.

Rose Grogan, representing the DESNZ, said the consent decision contained lawful and "adequate" reasons.

Hereward Phillpot KC, for Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited, said the project was part of efforts to decarbonise "nearly 50% of the UK's total industrial cluster emissions".

The government said it was unable to comment given the legal proceedings.

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