The government has decided not to defend a previous administration’s decision to approve a new coalmine in Cumbria.
Angela Rayner, the new Secretary of State for Housing, Communities and Local Government, has acknowledged an “error of law” in the original decision to grant planning permission for the mine in December 2022.
As a result, the government will not contest two upcoming legal challenges against the mine, brought by Friends of the Earth and South Lakes Action on Climate Change (SLACC).
Instead, the government has informed the court that the planning permission should be quashed.
If the court agrees, the planning application will be returned to the Secretary of State for a fresh decision.
This change in stance follows a recent Supreme Court judgement in the “Finch v Surrey County Council” case, which ruled that emissions from burning fossil fuels must be considered in planning applications for new extraction projects, not just the emissions from the extraction process itself.
Energy Live News has reached out to West Cumbria Mining, the company behind the proposed mine, for comment.
Jamie Peters, Friends of the Earth’s climate coordinator, expressed satisfaction with the government’s position, stating: “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.”
Make sure you check out the latest Net Hero Podcast episode:
