Government pulls out of legal battle over Cumbria coal mine

The government has accepted that there was an error of law in the decision to grant planning permission for a new coal mine in Cumbria - and will no longer be defending the claims.

Friends of the Earth (FoE) and South Lakes Action on Climate Change (SLACC) had brought a High Court claim against the Department for Housing, Communities and Local Government over its decision to grant planning permission for the site near Whitehaven, which was set to be the first new coal mine in the UK in 30 years.

The groups were set to argue that the decision was unlawful at a three-day hearing in London next week, but on Thursday (11 July) the government withdrew its defence and reportedly told the High Court that the decision to grant planning permission should be quashed.

However, the environmental said a hearing would still be held as the site’s developer, West Cumbria Mining, is expected to oppose the legal claim.

The decision comes after a Supreme Court ruling last month where justices at the UK’s highest court said that emissions created by burning fossil fuels should be considered when granting planning permission for sites where they are extracted.

FoE climate co-ordinator, Jamie Peters, said: “We’re delighted the Government agrees that planning permission for this destructive, polluting and unnecessary coal mine was unlawfully granted and that it should be quashed.

“We hope the court agrees, and that the mine is then rejected when the Secretary of State reconsiders the application.

“Friends of the Earth will continue to stand alongside SLACC and the other community groups in Cumbria who have fought so bravely to halt this mine.

“The new Government must now ensure that areas like West Cumbria get the jobs and investment they urgently need so that people living there can reap the benefits of building a clean, green and affordable future.”

Maggie Mason, of SLACC, said: “We argued throughout the inquiry and this legal claim that the emissions from using the coal were not properly assessed and it is great to see this acknowledged.

“Our small charity has opposed the mine because of its harmful impacts on the local and global climate, and the appalling precedent created by West Cumbria Mining’s claim that a new coal mine doesn’t increase the global use of coal.

“Building the mine on an old chemical site close to homes and the Irish Sea was also risky. West Cumbrians deserve jobs that don’t cost the earth.”

The groups said that if West Cumbria Mining also drops its opposition to the legal claim, the court could approve an order to quash the decision to grant planning permission next week, with the decision then sent back to the housing, communities and local government minister for reconsideration.

ITV Border has approched West Cumbria Mining Ltd for comment.

Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know...