The developer of the Swansea Bay Tidal Lagoon has failed to convince the High Court that it has ‘commenced development’ on the project, a judgement which means that the project’s development consent will lapse.
Development consent requires the project to commence within five years of consent being granted. The developer argued that some work had been carried out, but BDB Pitmans lawyer Angus Walker explains on his planning blog that the work did not meet the consent’s definition of ‘commence’.
Walker notes that the DCO could not be extended by a subsequent material or non-material change application, because by the wording of section 154, it now has ceased to have effect.
Read the full judgement here