Grounds for Judicial Review: Why Rampion 2 Must Be Legally Challenged
Rampion 2 has just been approved by the government. But it’s not the clean energy win they claim.
The Environment, Wildlife, Landscapes - all have statutory protection in the UK - YET - when threatened by non-UK developers - RWE - the green light is given in the name of ‘saving the environment’.
Once again, “urgent need” for energy has been used as a blunt instrument to override all environmental safeguards.
But you can’t save the planet by destroying it.
This massive wind farm off the Sussex coast will:
Disrupt fragile marine ecosystems, including threatening all species of life in the Sussex Bay, including in Marine Conservation Zones, the already threatened Black Sea Bream, and the Wildlife and Countryside Act protected Short-snouted Seahorse.
Slice through protected landscapes like the South Downs National Park, and at the substation site alone destroy over 114 mature oak trees, some centuries old, rip out 647 metres of ancient hedgerows and tear up priority lowland meadow habitat. Habitats and wildlife will be devastated within the entire project area. The European Landscape Convention and the Levelling Up and Regeneration Act were both ignored, as well as other guidelines such as distance from National Parks.
Cost £3–4 billion, adding to energy bills already sky-high across the UK as we pay the subsidies to non-national companies to build and operate it here. There are even curtailment costs that are paid to the developer when there is too much power in the grid!
We believe in clean energy—but this isn’t it. The developer RWE has the worst environmental record in Europe.
“Environmental NGOs Sandbag and Greenpeace have dubbed German utility RWE Europe’s worst air polluter.”
We’re exploring a Judicial Review to challenge the approval. Will you stand with us?
Our challenge to Rampion 2 is not just about opinion — it's about the government and developer overriding the statutory protections; what is the point of them being there if they can be so easily cast aside? The law being broken, fair process being denied, and people and planet being ignored. Here’s what we’re taking to court — and why we believe Rampion 2's approval cannot stand.
1️⃣ Illegality — Environmental & Legal Protections Ignored
The decision to approve Rampion 2 violated key environmental laws and planning responsibilities:
🐴 The Short-Snouted Seahorse, a protected species under the Wildlife and Countryside Act, faces devastating impacts from underwater piling noise. This law was ignored despite clear ecological warnings.
🐟 Black Bream, a vulnerable fish species, are at risk even outside breeding seasons, yet their habitats were not meaningfully safeguarded.
🐞 Insect migration routes — vital to biodiversity and pollination — were not assessed, even though studies show that turbines significantly increase insect mortality, especially on migration paths.
🏞️ The project also breaches the European Landscape Convention and likely violates the Levelling Up and Regeneration Act, both of which exist to protect cherished and sensitive landscapes like the South Downs National Park from inappropriate development.
👉 The government has a legal duty to consider and protect these interests. It failed to do so.
2️⃣ Procedural Impropriety — A Flawed, Unfair Consultation
The public consultation process was deeply flawed:
It was carried out during COVID-19 lockdowns, when face-to-face meetings were nearly impossible and many lacked access to proper information.
Coastal residents were not notified adequately, prompting the consultation to be reopened — a clear sign it was mishandled.
The residents of Cowfold where the substation site was chosen were unaware of this proposal until October 2022 - after the substation site was chosen.
The process included misleading claims, such as stating Rampion 2 would "power all of Sussex twice over" — a statement that has been debunked and undermines trust in the process.
👉 These procedural failings denied the public a fair say in a project with lasting consequences.
3️⃣ Irrationality — Better, Smarter Alternatives Ignored
The approval of Rampion 2 is irrational when clearly better options exist:
The North Sea offers far higher wind density and fewer environmental conflicts — and has already been studied in depth as a superior location.
Carbon-capture gas power stations and Small Modular Nuclear Reactors (SMRs) could be built on former coal or nuclear sites with existing grid connections, delivering:
Far less disruption to nature, tourism, and local business
Reliable, dispatchable power (something intermittent wind cannot offer)
Better use of public money
👉 Choosing a worse, more damaging, and less efficient option — when better ones are available — is irrational in the eyes of the law.
4️⃣ Legitimate Expectation — A Promise to Protect Broken
Both the UK Government and the South Downs National Park Authority have made clear commitments to protect this national treasure — not just in words, but in law.
By approving Rampion 2, they have abandoned those promises without fair justification. The public had a legitimate expectation that these commitments would be honoured — and the law requires that.
5️⃣ Breach of Environmental and Human Rights
This project infringes on basic rights protected under international and domestic law:
Article 1 of Protocol 1 of the European Convention on Human Rights ensures the peaceful enjoyment of possessions — which includes cherished public landscapes like the South Downs.
The noise from offshore piling, and low-frequency infrasound from turbine operations, can affect people’s health and enjoyment of their homes and natural spaces.
Growing legal precedent also links the right to a healthy environment to human rights law — a right this project threatens.
👉 No one gave consent for their coastlines and national parks to be sacrificed like this — and the law is on our side.
⚖️ What’s Next?
We’re taking these arguments to court with your support — not just to stop Rampion 2, but to set a precedent that nature, truth, and law matter.
Help us by either:
Clicking this link https://www.crowdjustice.com/case/help-stop-the-rampion2-windfarm/ to our CrowdJustice page*
OR
Donating via bank transfer**
Bank: National Westminster
Account Name: Protectcoastalsussex.org
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